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HAND    BOOK 

OF 

SOCIAL    LAWS    OF 
PENNSYLVANIA 


CCM?UtD  AND  EDITED  DY 

WARD    BONSALL,   A.B.,  LL.B. 

M-iAIVArjL    UNIVERSITY* 
MEMBER   OF  THE  ALLEGHENY   COUNTY   BAR 


PUBLISHED  BY 
THE   ASSOCIATED   CHARITIES   OF    PITTSBURGH 

AND   THE 

PHILADELPHIA 
SOCIETY   FOR   ORGANIZING   CHARITY 


$ 


1<\ 


COPYRIGHT.    1914 
BY 

Ward    Bonsall 
published  november  1914 


FROM    THE    PRESS    OF    GEORGE    S.    FERGUSON    COMPANY 
IS    NORTH    SEVENTH    STREET.    PHILADELPHIA 


PREFACE 

The  idea  out  of  which  this  book  grew  was  conceived  by  the  workers 
of  The  Associated  Charities  of  Pittsburgh,  who  have  long  felt  that  more 
accurate,  comprehensive  information  regarding  the  laws  of  our  Common- 
wealth would  strengthen  their  service  to  their  clients. 

To  determine  those  statutes  which  have  application  to  the  social  re- 
lationships and  conditions  of  families  and  persons  which  social  workers 
are  called  upon  to  serve,  and  to  present,  as  briefly  and  untechnically  as 
possible,  the  provisions  of  these  acts  and  the  process  of  enforcement  are 
the  tasks  which  have  been  undertaken  by  the  author.  Manifestly  a  com- 
plete compendium  of  such  legislation  could  not  be  attempted  within  the 
limits  prescribed  by  the  object  of  providing  a  legal  guide  for  the  use  of 
the  lay  field  worker.  It  is  believed,  however,  that  all  the  laws  which  are 
commonly  used  by  social  workers,  as  well  as  many  acts  which  probably 
never  have  been  used,  but  which  could  be  used  to  advantage,  have  been 
covered  in  this  compilation.  It  is  scarcely  necessary  to  state  that  the  book 
was  not  designed  as  a  substitute  for  the  services  of  an  attorney.  We 
believe  it  will  be  sufficiently  clear  to  those  who  use  the  book  that  the  only 
wise  course  for  the  layman  in  almost  every  instance  is  to  seek  competent 
legal  counsel. 

The  manual  should  prove  valuable  to  members  of  the  legal  profes- 
sion whose  practice  includes  the  handling  of  cases  falling  within  the  range 
of  subjects  considered.  The  references  to  statutes  and  to  cases  have  been 
made  exact  and  in  accordance  with  the  usual  method  of  citation  in  the 
legal  profession,  and  the  treatment  of  each  subject  included  is  practically 
a  brief  of  the  general  law  which  applies. 

The  production  of  Social  Laws  of  Pennsylvania  has  been  a  co- 
operative enterprise.  Not  only  has  the  cost  of  compilation  been  met  by 
contributions  from  The  Associated  Charities  of  Allentown,  The  Asso- 
ciated Charities  of  Harrisburg,  The  Society  for  Organizing  Charity  of 
Philadelphia,  The  Associated  Charities  of  Pittsburgh  and  The  United 
Charities  of  Wilkes-Barre,  and  the  expense  of  publication  been  borne 
equally  by  The  Associated  Charities  of  Pittsburgh  and  the  Philadelphia 
Society  for  Organizing  Charity,  but  these  agencies  have  had  opportunity 
to  submit  to  Mr.  Bonsall  statements  of  the  cases  under  their  care  in  which 
legal  problems  were  involved.  Thus  the  social  workers  themselves  have 
been  enabled,  as  it  were,  to  aid  materially  in  the  preparation  of  the  book 
by  indicating  to  some  extent  the  range  and  nature  of  the  knowledge  they 
need  respecting  the  legal  aspects  of  their  work. 

But  for  the  hearty  backing  and  substantial  financial  support  of 
the  Philadelphia  Society  for  Organizing  Charity  and  the  availability 
and  abundant  legal  and  social  qualifications  for  the  task  of  Ward  Bon- 
sall, Esq..  it  would  hardly  have  been  possible  10  oiler  to  the  social  workers 
of  Pennsylvania  and  to  others  interested  in  their  work  this  book,  which 
we  trust  will  contribute  in  some  small  degree  to  better  equipment  for 
service.  J.  BYRON  DEACON, 

General  Secretary, 

November,   1914.  The  Associated  Charities  of  Pittsburgh. 

(in) 


TABLE  OF  CONTENTS 


CHAPTER  I. 
CHILDREN. 

PAGE 

i .  Protection  of  Children  i 

2.  School  Attendance  8 

3.  Custody  of  Children 10 

4.  Mothers'  Pensions 1 1 

l 
CHAPTER  II. 

CHILDREN  AND  THE  COURTS. 

1.  Juvenile  Courts 13 

2.  Maintenance  Under  Court  Order  16 

3.  Adoption   19 

4.  Appointment  of  Guardians  20 

5.  Institutions  for  Children  20 


CHAPTER  III. 
DESERTION  AND  NON-SUPPORT. 

Introduction    24 

1.  The  Non-Support  Act  of  1867 25 

2.  Aged  Parents *7 

3.  Misdemeanor  Act  of  1903 27 

4.  Alimony    28 

5.  Illegitimate  Children  28 

6.  Support  by  Order  of  the  Juvenile  Court 29 

7.  Where  the  County  has  Supported,  under  an  Order  of  Court 30 

8.  Grandparents  and  Grandchildren 30 

9.  Civil  Suit  for  Maintenance 32 

10.  At  Common  Law   33 

1 1.  Miscellaneous  Provisions  of  the  Poor  Law 33 

(v) 


vi  TABLE  OF  CONTENTS. 

CHAPTER  IV. 
POOR  LAW. 

30VJ  PAGE 

i.  State  Board  of  Public  Charities   35 

2.  Visitors  to  Institutions 36 

3.  Poor  Districts    37 

4.  Poor  Relief    37 

5.  Settlement    38 

6.  Vagrants   39 

7.  Burial  of  Paupers 42 


CHAPTER  V. 
MENTAL  DEFECTIVES. 

1.  Confinement  of  Insane  Without  Court  Action 44 

2.  Confinement  of  Habitual  Users  of  Alcohol  or  Drugs 46 

3.  Arrest  of  Insane  for  Crime 46 

4.  Mental  Defective  under  the  Poor  Law 47 

5.  General  Act  Relating  to  Lunatics  47 

6.  Weakminded  Persons  and  Epileptics 48 

7.  Supervision  and  Control  of  Asylums  49 

8.  State  Institutions  for  Mental  Defectives  49 

( 1 )  State  Lunatic  Hospital,  at  Harrisburg 49 

(2)  Dixmont  Hospital  for  the  Insane 50 

(3)  Hospital  for  the  Insane  for  Southeastern  Pennsylvania, 

at  Norristown 5° 

(4)  Hospital  for  the  Insane,  at  Danville 5° 

(5)  Hospital  for  the  Insane,  at  Warren 50 

(6)  Asylum  for  the  Chronic  Insane,  at  Wernersville 50 

(7)  Homoeopathic  Hospital  for  the  Insane,  at  Allentown  . .   51 

(8)  Hospital  for  the  Criminal  Insane,  at  Fairview,  Wayne 

County    51 

(9)  Western    Pennsylvania    Institution    for    the    Feeble- 

Minded,  at  Polk 51 

(10)  Training  School  for  Idiotic  and  Feeble-Minded  Chil- 

dren, at  Elwyn  51 

(11)  Eastern  Pennsylvania  Institution  for  the  Feeble-Minded 

and  Epileptic,  at  Spring  City,  Chester  County 51 

(12)  Village  for  Feeble-Minded  Women 52 


CHAPTER  VI. 

PUBLIC  HEALTH. 

Introduction    53 

I.  State  Department  of  Health 53 


TABLE  OF  CONTENTS.  vii 


PAGE 


2.  Cities  of  the  First  Class  57 

( 1 )  General  Health  Statutes 57 

(2)  Tenement  and  Housing  Laws 58 

3.  Cities  of  the  Second  Class 64 

( 1 )  Department  of  Health  64 

(2)  Plumbing  Law   65 

(3)  Tenement  and  Housing  Laws 66 

(4)  Health  and  Housing  Ordinances  in  Pittsburgh 67 

4.  Cities  of  the  Third  Class 70 

5.  Boroughs  and  First  Class  Townships 70 

6.  Townships  of  the  Second  Class 71 

7.  Miscellaneous  Health  Laws 71 


CHAPTER  VII. 
CRIMINAL  LAW. 

Introduction    75 

1.  Alphabetical  List  of  Crimes 75 

2.  Criminal  Procedure  90 

3.  Search   Warrants    91 

4.  Extradition   91 

5.  Adult  Probation 92 


CHAPTER  VIII. 
COLLECTION  OF  DEBTS. 

1.  Workmen's  Compensation,  in  General 94 

2.  Federal  Employers'  Liability  Act 94 

3.  Claims  for  Wages    95 

4.  Attachment  of  Wages 95 

5.  Mechanics'  Liens 96 

6.  Landlord  and  Tenant 96 

( 1 )  Distress  for  Rent  in  Arrear 96 

(2)  Priority  of  Rent  Claims  in  Execution 97 

(3)  Liability  of  Tenants  for  Taxes 98 

(4)  Suit  for  Recovery  of  Possession 98 

7.  Exemptions  from  Execution  98 

8.  Stay  of  Execution   99 

9.  Imprisonment  for  Debt  100 


CHAPTER  IX. 
LABOR. 

1.  Child  Labor  102 

2.  Women's  Labor 104 


viii  TABLE  OF  CONTENTS. 

PAGF 

3.  General  Labor  Regulations  : 105 

4.  Convict  Labor   , 108 

5.  Apprentices    109 

CHAPTER  X. 

MARRIAGE,  DIVORCE  AND  MARRIED  WOMEN. 

J 

1.  Marriage   no 

2.  Degrees  of  Consanquinity in 

3.  Divorce    in 

4.  Married  Women   113 

\ 

CHAPTER  XL 
DECEDENTS. 

1.  Wills    115 

2.  Intestacy   116 

3.  Executors  and  Administrators  118 


CHAPTER  XII. 
MISCELLANEOUS. 

1.  Immigration    120 

2.  Naturalization    *22 

3.  Liquors    123 

4.  Loan  Companies 125 

5.  Special  Police  for  Charitable  Associations 126 

6.  Peddlers   127 

A.  In  Cities  of  the  First  Class 127 

B.  In  Cities  of  the  Second  and  Third  Classes 128 

C.  In  Boroughs  and  Townships  128 

D.  General  Statutes  129 


EXPLANATION  OF  REFERENCES 


Acts  of  Assembly  are  referred  to  in  the  usual  manner  among  law- 
yers by  giving  the  date  of  approval  of  the  Act  and  the  page  of  the  pam- 
phlet laws  where  the  act  is  to  be  found,  as,  the  Act  of  April  13,  1867,  P.  L. 
78.  Following  this,  there  is  given  in  parenthesis  the  location  of  the  act 
in  the  second  edition  of  Pepper  and  Lewis's  Digest  of  Statutes,  which 
covers  practically  all  acts  referred  to  down  to  and  including  those  of 
1907.  For  the  above  act  such  reference  is  (Desertion  15  to  18).  This 
means  that  under  the  title  "Desertion"  in  that  work  the  Act  of  1867  will 
be  found  printed  in  full  in  the  paragraphs  numbered  15  to  18.  For  stat- 
utes passed  since  1907  no  such  reference  is  possible,  because  the  digest 
covering  those  years  is  not  yet  published.  Practically  all  acts  of  Assem- 
bly mentioned  in  this  book  can  be  found  in  full  in  the  four  volumes  of 
Pepper  and  Lewis's  Digest  of  Statutes,  second  edition,  and  in  the  three 
official  volumes  of  pamphlet  laws  of  1909,  191 1  and  1913. 

Where  decided  cases  are  referred  to,  the  citations  are  in  the  usual 
lawyers'  method  of  giving  in  order  the  number  of  the  volume,  the  name 
of  the  report  and  the  page  of  the  volume.  Among  the  reports,  those 
most  frequently  mentioned  are  the  following : 

Pa. — Pennsylvania  Supreme  Court. 

W.  N.  C— Weekly  Notes  of  Cases. 

Fed.  Rep. — Federal  Reporter. 

Phila. — Philadelphia  Reports. 

Pitts.  L.  J.  or  P.  L.  J.— Pittsburgh  Legal  Journal. 

Pa.  Super.  Ct.  or  Super.  Ct  —  Pennsylvania  Superior  Court 

D.  R.— District  Reports. 

Pa.  C.  C— Pennsylvania  County  Court  Reports. 


(ix) 


,  -      •    >     . 


Social  Laws  of  -  Pennsylvania 


CHAPTER  I. 
CHILDREN. 


PAGE 

1.  Protection  of   Children l 

2.  School  Attendance   8 

3.  Custody  of  Children I0 

4.  Mothers'  Pensions :  \ 

1.     PROTECTION  OF  CHILDREN. 

ACT    OF    1879. 

The  general  child  protection  law  of  Pennsylvania  is  the  act  of  June 
11,  1879,  P.  L.  142  (Juveniles  2  et  seq.).  The  principal  provisions  of 
that  act  are  as  follows : 

Section  1.  Any  person  who  shall  "cruelly  ill-treat,  abuse  or  inflict 
unnecessary  cruel  punishment  upon  any  infant  or  minor  child,  and  any 
person  having  the  care,  custody  or  control  of  any  minor  child,  who  shall 
wilfully  abandon  or  neglect  the  same"  shall  be  guilty  of  a  misdemeanor. 
Conviction  may  be  before  any  justice  of  the  peace,  magistrate  or  court  of 
record.    Penalty,  not  less  than  $10  nor  more  than  $50  for  each  offense. 

Under  this,  a  mother  who  goes  to  a  distant  city,  leaving  her  child, 
four  years  old,  at  the  house  of  its  grandfather  who  is  not  in  position  to 
care  for  it,  is  guilty.    Com.  v.  Chatham,  26  Pa.  C.  C.  31. 

Section  2.  Any  person  in  control  of  a  child  under  fifteen  years  of 
age,  who  shall  dispose  of  it,  or  any  person  receiving  or  employing  it, 
"for  the  vocation  or  occupation  of  rope  or  wire  walking,  or  as  an 
acrobat,  gymnast,  contortionist  or  rider,"  and  any  person  having  the 
care,  custody  or  control  of  any  minor  child  whatsoever,  who  shall 
dispose  of  it,  or  any  person  receiving  or  employing  it,  "for  any  obscene, 
indecent,  or  illegal  exhibition  or  vocation,  or  any  vocation  injurious 
to  the  health  or  dangerous  to  the  life  or  limb  of  such  child  engaged 
therein,  or  for  the  purpose  of  prostitution,"  and  any  person  "who 
shall  retain,  harbor  or  employ  any  minor  child  in  or  about  any  assigna- 
tion house  or  brothel,  or  in  any  place  where  any  obscene,  indecent  or 
illegal  exhibition  takes  place"  shall  be  guilty  of  a  misdemeanor.  Con- 
viction may  be  before  any  justice  of  the  peace,  magistrate  or  court  of 
record.    Penalty,  not  less  than  $50,  nor  more  than  $100  for  each  offense. 

Section  3.  Hiring  minors  under  eighteen  years  of  age  for  the  pur- 
pose of  "singing,  playing  on  musical  instruments,  begging,  or  for  any 

(1) 


2  SOCIAL    LAWS    OF    PENNSYLVANIA. 

mendicant  business  whatsoever,  in  the  streeets,  roads  or  other  highways" 
shall  be  gui'ty  of  a  misdemeanor.  Conviction  may  be  had  as  in  Section 
i  of  the  act.    Penalty,  not  less  than  $50  nor  more  than  $100. 

Sectio  1  4.  Any  person  having  the  care,  custody  or  control  of  any 
child  under  fifteen  who  permits  it  "to  sing,  dance,  act  or  in  any  manner 
exhibit  in  any  dance  house  whatsoever,  or  in  any  concert  saloon,  theatre 
or  place  of  entertainment,  where  wines  or  spirituous  or  malt  liquors  are 
sold  or  given  away,  or  with  which  any  place  for  the  sale  of  wines  or 
spirituous  or  malt  liquors  is  directly  or  indirectly  connected  by  any  passage 
way  or  entrance"  and  any  proprietor  of  any  such  place  so  employing  any 
such  child,  shall  be  guilty  of  a  misdemeanor.  Conviction  may  be  had  as 
in  Section  1.  Penalty,  not  less  than  $50,  nor  more  than  $100  for  each 
offense. 

Section  5.  Any  person  employing  any  child  under  twelve  "in  any 
underground  works  or  mine,  or  like  place  whatsoever"  shall  be  guilty  of 
a  misdemeanor.  Conviction  may  be  had  as  in  Section  1.  Penalty,  not 
less  than  $10  nor  more  than  $50. 

Section  6.  Upon  the  oath  or  affirmation  of  "any  person"  that  he 
"believes  that  this  act  has  been  or  is  being  violated  in  any  place  or  house," 
the  justice  or  magistrate  "shall  forthwith  issue  a  warrant  to  a  constable 
or  other  authorized  officer,  to  enter  such  place  or  house  and  investigate 
the  same,  and  such  person  may  arrest  or  cause  to  be  arrested  all  offenders, 
and  bring  them  before  any  justice,  magistrate  or  court  of  record  for  a 
hearing  of  the  case ;  and  it  shall  be  the  duty  of  all  constables  and  police- 
men to  aid  in  bringing  all  such  offenders  before  said  authorities  for  a 
hearing." 

Section  7.  When  any  person  in  control  of  a  child  is  convicted  under 
this  act,  "it  shall  be  lawful  for  any  person  to  apply  to  the  orphans'  court 
of  the  county"  for  the  appointment  of  a  guardian  of  the  person  of  the 
child.  The  court  may  then,  in  its  discretion,  make  such  appointment, 
having  due  regard  to  religious  persuasion,  or  it  may  place  such  child  in  a 
home  for  children,  with  the  powers  of  a  guardian  of  the  person :  Provided, 
however,  "That  the  children  of  Roman  Catholic  parents  shall  be  placed 
in  asylums  under  the  control  and  care  of  that  denomination."  The  court 
may  order  the  parent  to  pay  such  a  reasonable  sum  for  the  child's  main- 
tenance, and  at  such  times  and  in  such  amounts  as  it  may  see  fit ;  and  it 
may,  at  any  subsequent  time,  upon  being  satisfied  that  the  parent  has  again 
become  fit  to  resume  custody,  remand  it  to  the  custody  of  its  parent. 

Under  this  an  inadvertent  appointment  of  a  guardian  of  different 
religious  faith  will  be  vacated.    Park's  Estate  (1898),  7  D.  R.  700. 

Section  8.  "Any  duly  organized  or  incorporated  humane  society, 
having  for  one  of  its  objects  the  protection  of  children  from  cruelty,  may 
offer  any  agents  or  officers  employed  by  them  to  the  mayor  of  any  city 
*  *  *  for  the  purpose  of  being  commissioned  to  act  as  police  officers 
through  the  limits  of  said  city,  for  the  purpose  of  arresting  all  the 
offenders  against  this  act,"  and  the  mayor  shall,  "if  such  persons  are 
proper  and  discreet  persons,  commission  them  to  act  as  such  police  officers, 
with  all  the  rights  and  powers  appertaining  thereto."  The  city  shall  not 
be  liable  for  salary  or  expenses  except  for  the  detention  of  prisoners. 


CHILDREN.  3 

In  the  same  way  similarly  qualified  persons  may  be  appointed  as  con- 
stables in  any  district  or  township  by  the  court  of  common  pleas  of  the 
county;  and  the  keepers  of  jails  or  lock-ups,  or  station  houses,  are 
required  to  receive  all  persons  arrested  by  such  policemen  or  constables. 

Section  9  empowered  magistrates  and  justices  of  the  peace  to  com- 
mit delinquent  and  dependent  children  to  societies  for  the  protection  of 
children.  This  part  of  the  act  has  been  repealed  by  later  legislation,  and 
the  magistrates  and  justices  of  the  peace  can  now  do  nothing  but  hold  the 
child  for  the  Juvenile  Court.    See  cases  in  18  D.  R.  19  and  22  D.  R.  347. 

Section  10.  When  any  minor  child  has  been  deserted  by  its  parents 
and  it  has  no  legal  guardian,  it  may  be  adopted  by  any  person  by  order 
of  the  court  of  common  pleas  "in  the  manner  now  provided  by  law  in 
the  case  of  the  death  of  the  parents." 

Section  11.  If  the  fine  imposed  and  the  costs  are  not  paid,  the  justice 
of  the  peace,  magistrate  or  court  of  record  "shall  commit  said  offender 
to  the  county  prison,  there  to  remain  for  not  less  than  twenty  nor  more 
than  ninety  days,  or  until  discharged  by  due  process  of  law." 

When  the  fine  is  more  than  $10,  the  defendant  may  appeal  from  the 
decision  of  the  justice  of  the  peace  or  magistrate  to  the  court  of  quarter 
sessions  upon  entering  bail,  when  the  prosecution  shall  there  proceed  as 
in  other  cases  of  misdemeanor. 

If,  in  lieu  of  deciding  the  case,  the  justice  of  the  peace  or  magistrate 
binds  the  defendant  over  or  commits  him  to  appear  in  quarter  sessions 
court,  or  if  he  appeals  as  herein  provided,  and  he  is  there  convicted,  he 
may  be  fined  by  that  court  not  more  than  $200,  or  imprisoned  not  more 
than  one  year,  or  both,  at  the  discretion  of  the  court. 

Section  12.  When  the  parents  or  guardian  of  any  child  unable  to 
support  itself  have  been  convicted  under  this  act,  or  are  dead,  or  cannot 
be  found,  and  there  is  no  other  person  in  the  county  legally  responsible 
for  the  support  of  such  child  and  willing  to  assume  its  support,  the 
magistrate  or  court  may  commit  it  to  the  custody  of  the  guardians  of  the 
poor ;  but  this  shall  not  exempt  any  person  from  any  legal  duty  to  support 

PUBLIC    PERFORMING. 

The  Act  of  May  16,  1901,  P.  L.  220  (Juveniles  15),  provides  that 
any  person,  association,  agency  or  corporation  that  shall  employ  or  use 
any  child  under  eighteen,  or  shall  endeavor  to  secure  by  advertisement 
or  otherwise  any  such  child  for  the  purpose  "of  taking  part  in  any 
theatrical  performance,  or  athletic  exhibition,  or  of  singing,  or  of  playing 
upon  musical  instruments,  without  the  consent  of  the  parents  or  legally 
appointed  guardians"  shall  be  guilty  of  a  misdemeanor.  Conviction  may 
be  had  before  a  justice  of  the  peace,  magistrate  or  court  of  record. 
Penalty,  not  less  than  $50,  nor  more  than  $100,  and  upon  a  second  con- 
viction imprisonment  for  not  less  than  one  year  and  not  more  than  three 
years. 

PROSTITUTION. 

Section  one  of  the  Act  of  May  28,  1885,  P.  L.  27  (Juveniles  14), 
provides  that  "any  person  who  takes  a  female  child  under  the  age  of 


4  SOCIAL    LAWS    OF    PENNSYLVANIA. 

sixteen  years  for  the  purpose  of  prostitution  or  sexual  intercourse,  or, 
without  the  consent  of  her  father,  mother,  guardian,  or  other  person 
having  legal  custody  of  her  person,  for  the  purpose  of  marriage,  or  who 
inveigles  or  entices  any  such  minor  female  child  into  a  house  of  ill-fame 
or  of  assignation,  or  elsewhere,  for  the  purpose  of  prostitution  or  sexual 
intercourse,  shall,  in  every  such  case,  be  guilty  of  a  misdemeanor." 
Penalty,  imprisonment  at  separate  or  solitary  confinement  at  labor  for  not 
more  than  five  years,  or  fine  not  exceeding  $1,000,  or  both. 

This  act  is  not  repealed  by  the  law  of  May  19,  1887,  P.  L.  128 
(Crimes  289),  relating  to  statutory  rape.  The  act  of  1885  punishes  the 
enticing  to  a  place,  irrespective  of  the  act  of  sexual  intercourse,  while 
the  act  of  1887  punishes  him  who  carnally  knows  her,  whether  there  was 
any  taking  or  enticing  or  not.    Com.  v.  Fowler  ( 1887),  18  Phila.  516. 

The  unchaste  reputation  of  the  female  child  is  no  defense  under  this 

act.    Id. 

A  woman  who  takes  or  entices  may  be  convicted,  but  there  must  be 
some  act  of  enticing  actually  done,  or  words  spoken,  not  merely  per- 
mitted.   Id. 

This  act  is  constitutional  and  actual  sexual  intercourse  not  necessary 
in  order  to  complete  the  crime,  but  only  the  purpose  to  have  it.  Com.  v. 
Kaniper  (1887),  3  Pa.  C.  C.  276. 

See  4  P.  &  L.  Dig.  Dec.  5676  et  seq. 

Section  two  of  the  Act  of  May  29,  1907,  P.  L.  317  (Juveniles  39b), 
provides  that  a  parent  or  other  person  charged  with  the  care  of  a  child 
under  sixteen,  who  permits  such  child  to  be  or  remain  in  any  reputed 
house  of  prostitution,  or  in  any  place  where  opium  is  smoked,  is  guilty  of 
a  misdemeanor,  punishable  by  fine  of  $1,000  and  two  years'  imprisonment. 

The  Act  of  March  24,  1909,  P.  L.  59,  provides  that  any  person,  firm, 
company  or  corporation,  having  authority  over  a  minor,  who  knowingly 
sends  such  minor  to  any  house  of  prostitution  or  other  immoral  place  of 
resort  or  amusement,  is  guilty  of  a  misdemeanor,  punishable  by  fine  of 
$1,000  and  one  year's  imprisonment. 

The  Act  of  May  1,  1909,  P.  L.  306,  provides  that  any  person  who 
entices  or  attempts  to  entice  into  the  commonwealth  any  woman  or  girl, 
for  the  purpose  of  prostitution,  or  for  any  other  immoral  purpose,  is 
guilty  of  a  misdemeanor,  punishable  by  imprisonment  of  not  less  than 
one  or  more  than  five  years  and  fine  of  not  exceeding  $5,000. 

For  other  statutes,  see  "Pandering,"  under  "Crimes." 

ABANDONMENT  OF  CHILDREN. 

Section  one  of  the  Act  of  May  29,  1907,  P.  L.  318  (Juveniles  39a), 
provides  that  a  parent  or  other  person  charged  with  the  care  and  custody, 
for  nurture  or  education,  of  a  child  under  sixteen,  who  abandons  the  child 
in  destitute  circumstances,  and  wilfully  omits  to  furnish  necessary  and 
proper  food,  clothing  or  shelter  for  such  child,  is  guilty  of  a  misdemeanor, 
punishable  by  fine  of  $1,000  and  two  years'  imprisonment.  Any  fine  may 
be  applied,  in  the  discretion  of  the  court,  to  the  support  of  the  child. 

For  other  statutes,  see  "Cruelty  to  Infants"  under  "Crimes." 


CHILDREN.  5 

BOARDING  OF  INFANTS;   LICENSE. 

Sections  two  and  three  of  the  Act  of  May  28,  1885,  P.  L.  27  (Juve- 
niles 16  and  17),  provide  as  follows: 

Section  2.  Any  person,  other  than  an  institution  duly  incorporated 
for  the  purpose,  who  engages  in  the  business  of  receiving,  boarding  or 
keeping  infants  under  three  for  hire  or  reward,  who  takes  more  than  two 
such  infants,  without  legal  commitment  or  without  a  written  license  from 
the  mayor  of  the  town  or  justice  of  the  peace  or  magistrate  of  the 
locality  where  the  child  is  to  be  kept,  shall  be  guilty  of  a  misdemeanor. 
Penalty,  fine  of  not  more  than  $100. 

Section  3.  Such  mayor,  justice  or  magistrate  may  issue  such  license 
in  his  discretion,  charging  a  fee  of  $1  therefor,  for  the  use  of  the  county. 
The  license  may  be  revoked  for  cause  by  the  court.  Any  member  or 
officer  of  the  State  Board  of  Charities,  of  the  local  board  of  health  or  of 
a  society  for  the  protection  of  children  from  cruelty  may,  at  all  reasonable 
times,  enter  and  inspect  the  premises. 

The  Act  of  April  27,  1909,  P.  L.  211,  makes  it  unlawful,  in  cities  of 
the  first  class,  for  any  person  other  than  institutions  duly  incorporated 
for  the  purpose,  to  engage  in  the  business  of  boarding  infants  under 
three,  or  to  take  more  than  two  such  infants,  without  a  license  from  the 
Department  of  Public  Health  and  Charities.  The  department  may  issue 
and  revoke  such  licenses,  and  may  prescribe  rules  and  regulations  for  the 
conduct  of  the  business  and  for  the  inspection  of  the  premises.  Such 
premises  may  be  inspected  at  any  time  by  the  State  Board  of  Charities, 
by  health  officers,  or  by  any  duly  authorized  officer  of  any  incorporated 
society  for  the  protection  of  children  from  cruelty. 

Under  the  Act  of  June  9,  191 1,  P.  L.  854,  applying  to  cities  of  the 
third  class,  it  is  unlawful  for  any  person  in  such  cities,  other  than  institu- 
tions duly  incorporated  for  the  purpose,  to  board  more  than  two  infant 
children  under  three,  without  an  adult  caretaker  or  without  legal  commit- 
ment, unless  he  has  a  license  from  the  mayor  of  the  city.  Licenses  may 
be  granted  upon  such  terms,  and  under  such  rules,  regulations  and 
penalties  as  shall  be  prescribed  by  general  ordinance. 

TRAFFIC  IN  INFANTS. 

The  Act  of  April  18,  1905,  P.  L.  213  (Juveniles  31),  provides  that 
any  person  who  trades  in  humanity  by  trading,  bartering,  buying,  selling, 
or  dealing  in  infant  children,  is  guilty  of  a  misdemeanor,  punishable  by 
fine  of  $1,000  and  five  years'  imprisonment. 

LIQUOR. 

Section  17  of  the  Brooks  Liquor  Law  of  May  13,  1887,  P.  L.  108 
(Liquors  33),  makes  it  unlawful  for  any  person,  with  or  without  license, 
to  furnish  by  sale,  gift  or  otherwise  any  liquor  at  any  time  to  a  minor. 

This  law,  however,  applies  to  persons  engaged  in  the  liquor  business, 
and  it  is  not  an  offense  under  the  law  for  one  not  so  engaged  to  give 
liquor  to  a  minor.    Com.  v.  McGee,  7  Pa.  C.  C.  162. 


6  SOCIAL    LAWS    OF    PENNSYLVANIA. 

The  act  is  directed  against  sales,  and  any  "giving"  that  is  in  reality 
a  "sale"  is  forbidden,  whether  by  a  dealer  or  any  other  person.  Com.  v. 
Silverman,  138  Pa.  642,  Altenburg  v.  Com.  24  W.  N.  C.  145. 

Under  the  act  it  is  not  material  whether  the  defendant  had  knowledge 
of  the  minority  or  not;  he  is  guilty  if  he  furnished  liquor  to  a  minor. 
Com.  v.  Steffner,  2  D.  R.  152,  Com.  v.  Baumler,  20  Pa.  C.  C.  273. 

A  minor  can  be  convicted  of  selling  to  another  minor.  Com.  v.  Kirby, 
12  Pa.  C.  C.  175. 

The  Act  of  May  25,  1897,  P.  L.  93  (Liquors  46),  provides  that  in  all 
prosecutions  against  licensed  vendors  for  selling  to  minors,  the  defendant 
shall  be  permitted  to  give,  by  way  of  defence,  the  circumstances  of  the 
sale,  and  if  it  appear  that  the  liquor  was  furnished  knowingly  or  negli- 
gently, he  is  guilty  of  a  misdemeanor,  punishable  by  fine  of  $500  and 
imprisonment  for  ninety  days  in  the  county  jail ;  provided,  that  the  burden 
of  proof  is  on  the  defendant  to  show  that  the  liquor  was  not  furnished 
either  knowingly  or  negligently. 

Section  4  of  the  Act  of  May  28,  1885,  P.  L.  27  (Juveniles  18), 
provides  that  any  proprietor  or  person  "in  charge  of  any  dance-house, 
concert  saloon,  theatre,  museum,  or  similar  place  of  amusement,  where 
wines  or  spirituous  or  malt  liquors  are  sold  or  given  away,  or  any  place  of 
entertainment  injurious  to  health  or  morals,  who  admits  or  permits  to 
remain  therein  any  minor  under  the  age  of  eighteen  years,  unless  accom- 
panied by  his  or  her  parent  or  guardian,"  is  guilty  of  a  misdemeanor, 
punishable  by  fine  of  $200. 

Under  the  Act  of  May  10,  1881,  P.  L.  12  (Juveniles  63  and  23),  as 
amended  by  the  Act  of  May  20,  1913,  P.  L.  246,  any  minor  under  twenty- 
one  who  knowingly  and  falsely  represents  himself  to  be  twenty-one  years 
of  age  to  any  licensed  dealer,  for  the  purpose  of  procuring  liquor,  is 
guilty  of  a  misdemeanor,  punishable  by  fine  of  $50  and  imprisonment  in 
the  county  jail  for  sixty  days. 

Also  any  person  who  wilfully  misrepresents  a  minor's  age,  for  the 
purpose  of  inducing  a  dealer  to  furnish  him  liquor,  is  guilty  of  a  misde- 
meanor, punishable  by  fine  of  $50  and  imprisonment  in  jail  for  sixty  days. 

TOBACCO  AND  CIGARETTES. 

Under  the  Act  of  July  10,  1901,  P.  L.  638  (Juveniles  27  to  30),  all 
persons  are  forbidden  to  sell,  give  or  furnish  tobacco  in  any  form  to  a 
child  under  sixteen ;  such  an  act  is  a  misdemeanor,  punishable  by  fine  of 
$100  and  imprisonment  in  the  county  jail  for  thirty  days. 

By  the  Act  of  May  9,  1913,  P.  L.  198,  it  is  made  punishable  by  a 
fine  of  not  less  than  $100  nor  more  than  $300  to  "furnish  to  any  minor, 
by  gift,  sale  or  otherwise,  any  cigarette  or  cigarette  paper."  Section  2 
provides  that  if  any  minor  is  in  possession  of  such  articles  and  refuses 
to  tell  "any  police  officer,  constable,  juvenile  court  officer,  truant  officer, 
or  teacher  in  any  school,"  where  and  from  whom  he  obtained  it,  such 
minor  shall  be  guilty  of  a  misdemeanor.  If  over  sixteen  he  may  be  fined 
$5  or  imprisoned  five  days,  or  both,  by  any  alderman,  magistrate  or  justice 
of  the  peace.    If  under  sixteen,  the  case  shall  be  certified  to  juvenile  court 


CHILDREN. 


INJURIOUS   SAMPLES. 


By  the  Act  of  May  2,  1901,  P.  L.  11 1  (Juveniles  24  to  26),  it  is  made 
a  misdemeanor  for  any  person  "to  distribute  any  free  or  trial  samples  of 
any  medicines,  dyeing,  ink,  coloring  or  polishing  compounds,  or  any  of 
them,  in  any  form  of  preparation,  upon  the  ground,  sidewalks,  porches, 
into  yards,  or  into  or  under  doors  or  windows,  or  in  any  way  or  manner 
that  children  may  get  possession  of  or  secure  the  same."  Conviction  may 
be  before  any  alderman  or  justice  of  the  peace;  penalty,  $20  fine  or 
twenty  days  in  jail. 

POOL    ROOMS. 

Under  the  Act  of  April  18,  1905,  P.  L.  212  (Billiard  Rooms  and 
Bowling  Alleys  10  and  11),  it  is  a  misdemeanor  for  the  licensed  keeper, 
proprietor,  owner  or  superintendent  of  any  public  pool  rooms,  billiard 
room,  bowling  saloon  or  ten-pin  alley,  knowingly  to  permit  any  person 
under  eighteen  to  be  present  in  such  place;  penalty,  not  less  than  $10  nor 
more  than  $100. 

JUNK   DEALERS. 

Under  the  Act  of  May  5,  1899,  P.  L.  247  (Junk  Dealers  4),  it  is  a 
misdemeanor  for  any  person  to  buy  or  receive  from  minors,  knowing 
them  to  be  such,  any  junk,  rope,  scrap,  iron,  brass,  lead,  copper,  or  other 
metal ;  penalty,  fine  of  $500  and  one  year's  imprisonment. 

Under  the  Act  of  February  23,  1870,  P.  L.  214,  relating  to  Phila- 
delphia, and  requiring  itinerant  traders  in  glass,  rags,  paper,  scrap  metals, 
old  clothing  and  all  other  refuse  matter  to  obtain  a  license  from  the  court 
of  quarter  sessions,  such  trader  must  file  a  bond  in  the  sum  of  $500,  con- 
ditioned that  he  or  she  shall  not  purchase  any  of  the  things  herein  included 
from  any  minor  or  irresponsible  party. 

PAWNBROKERS. 

Under  the  Act  of  June  7,  191 1,  P.  L.  671,  pawnbrokers  are  forbidden 
to  loan  to  children  under  sixteen,  under  a  penalty  of  not  less  than  $5  nor 
more  than  $25,  to  be  collected  by  process  of  summary  conviction,  and  in 
default  of  payment  are  subject  to  five  days'  imprisonment  in  jail. 

EXPLOSIVES. 

The  Act  of  June  10,  1881,  P.  L.  in  (Explosives  11),  makes  it  a 
misdemeanor,  punishable  by  fine  of  $300,  knowingly  and  wilfully  to  "sell 
or  cause  to  be  sold,  to  any  person  under  sixteen  years  of  age,  any  cannon, 
revolver,  pistol,  or  other  such  deadly  weapon"  or  "any  imitation  or  toy 
cannon,  revolver  or  pistol  so  made,  constructed  or  arranged  as  to  be 
capable  of  being  loaded  with  gunpowder  or  other  explosive  substance, 
cartridges,  shot,  slugs  or  balls,  and  being  exploded,  fired  off  and  dis- 
charged, and  thereby  become  a  dangerous  weapon,"  or  knowingly  and 
wilfully  to  sell  such  minor  any  cartridge,  gunpowder  or  other  dangerous 
and  explosive  substance. 


8  SOCIAL    LAWS    OF    PENNSYLVANIA. 

Under  the  Act  of  June  n,  1885,  P.  L.  in  (Toy  Deadly  Weapons  1), 
it  is  a  misdemeanor,  punishable  by  fine  of  $500  and  one  year's  imprison- 
ment, to  knowingly  and  wilfully  make,  manufacture  and  sell  any  toy 
cannon,  gun,  pistol,  revolver,  or  other  such  deadly  weapon,  or  expose  for 
sale  any  such  deadly  weapon  made  elsewhere  and  brought  within  the  state. 

Under  the  Act  of  June  1,  191 1,  P.  L.  542,  it  is  disorderly  conduct, 
punishable  by  process  of  summary  conviction  before  any  alderman, 
magistrate  or  justice  of  the  peace  by  fine  of  $25,  or,  in  default  thereof,  by 
ten  days'  imprisonment,  to  set  off,  fire  or  make  use  of  any  firecracker 
over  six  inches  in  length,  and  any  firecracker  over  three  and  one-half  to 
six  inches  in  length,  over  three-quarters  of  an  inch  in  diameter;  or  to 
set  off,  fire  or  explode  any  firecracker  or  fireworks  containing  picric  acid 
or  picrates,  dynamite,  or  other  high  explosive  compound,  or  to  explode 
any  blank  cartridge,  pellet,  or  tablet  containing  dynamite  or  other  high 
explosive  compound,  when  used  in  pistols,  hollow  canes,  or  any  toy  for 
explosive  purposes. 

The  Act  of  June  1,  191 1,  P.  L.  554,  makes  it  a  misdemeanor,  punish- 
able by  fine  of  $500  and  six  months'  imprisonment,  to  manufacture,  sell 
or  offer  or  expose  for  sale,  any  of  the  articles  forbidden  to  be  exploded 
or  used  by  the  preceding  statute. 

PREVENTION   OF   BLINDNESS. 

The  Act  of  June  14,  191 1,  P.  L.  928,  provides  that  if  at  any  time 
within  two  weeks  after  the  birth  of  an  infant  one  or  both  of  its  eyes,  or 
the  eyelids,  be  reddened,  inflamed,  swollen,  or  discharging  pus,  the  mid- 
wife, nurse,  or  person  in  charge  shall  immediately  report  such  condition 
to  the  health  authorities  and  also  to  some  legally  qualified  physician,  and 
shall  refrain  from  the  application  of  any  remedy.  Failure  so  to  do  is 
punishable  by  fine  of  $100  and  imprisonment  in  jail  for  six  months,  at 
the  discretion  of  the  court,  alderman,  magistrate  or  justice  of  the  peace. 

For  provisions  of  the  health  laws  on  this  subject  see  "Miscellaneous 
Health  Laws"  under  "Public  Health." 

\ 

2.     SCHOOL   ATTENDANCE. 

The  various  matters  relating  to  school  attendance  are  found  in  the 
School  Code  in  Article  XIV  (Act  of  May  18,  191 1,  P.  L.  309,  at  page 
380).  It  is  there  provided  that  every  child  between  six  and  twenty-one 
may  attend  school,  but  this  period  may  be  extended  in  either  direction  by 
the  directors  of  any  school  district,  especially  (see  section  1906)  in  the 
case  of  kindergartens  and  vocational  and  other  special  schools.  Every 
child  has  the  right  to  attend  school  in  the  district  where  he  resides,  which 
is  the  district  where  his  parents  or  guardian  lives  or  where  the  persons 
live  who  sustain  parental  relations  to  him ;  but  where  such  pupil  lives  one 
and  one-half  miles,  or  more,  from  the  nearest  public  elementary  school 
in  his  district,  and  no  free  transportation  is  provided,  he  may  attend  any 
such  school  of  another  district  upon  obtaining  permission  from  the 
directors  of  that  district.  It  then  becomes  the  duty  of  the  district  of  his 
residence  to  pay  the  cost  of  such  child's  tuition,  text-books  and  school 


CHILDREN.  9 

supplies  to  the  other  district.  It  is  further  provided  that  the  directors 
may  furnish  free  transportation  for  any  pupil,  and  by  agreement  with 
another  school  district  may,  on  account  of  convenience  of  access,  or  other 
reasons,  permit  any  pupil  to  attend  the  schools  of  another  district  upon 
such  terms  as  are  mutually  agreeable. 

The  years  of  compulsory  attendance  are  from  eight  to  sixteen,  a 
proper  private  school  or  tutor  being  taken  as  the  equivalent  of  the  public 
school.  The  law  relating  to  compulsory  attendance  relates  to  all  children 
except, 

(i)  Those  prevented  from  attending  or  from  application  to  study 
"on  account  of  any  mental,  physical,  or  other  urgent  reasons,"  which  term 
is  to  be  strictly  construed  and  not  to  permit  of  irregular  attendance. 

(2)  Those  excused  by  the  teacher  during  temporary  periods,  for 
such  reasons  as  above  stated. 

(3)  Those  children  between  14  and  16  who  can  read  and  write 
intelligently  and  are  regularly  employed  during  school  hours,  and  to  whom 
an  employment  certificate  has  been  issued. 

(4)  Those  children  who  live  more  than  two  miles,  by  the  nearest 
travelled  road,  from  any  public  school,  unless  proper  free  transportation 
be  provided. 

Any  parent,  guardian  or  person  in  parental  relation  having  control 
of  any  child,  who  shall  fail  to  comply  with  the  compulsory  attendance 
laws  shall  be  given  three  days'  written  notice  by  the  teacher,  attendance 
officer  or  other  school  authority,  and  if  the  law  is  not  then  continuously 
obeyed,  he  may  be  prosecuted  before  any  alderman,  magistrate  or  justice 
of  the  peace  and  fined  $2  for  the  first  offence  and  $5  for  each  succeeding 
offence,  with  costs,  and  in  default  of  payment  shall  be  sentenced  to  the 
county  jail  for  not  more  than  five  days. 

Whenever  the  school  authorities  ascertain  that  a  child  cannot  attend 
school  on  account  of  lack  of  necessary  clothing  or  food,  such  case  shall 
be  promptly  reported  to  any  suitable  relief  agency,  or,  if  there  be  none 
such,  then  to  the  directors  or  overseers  of  the  poor  for  investigation  and 
relief. 

Every  teacher  in  the  public  schools  is  given  by  law  parental  authority 
over  the  pupils  in  his  or  her  school  during  the  time  they  are  in  attendance, 
including  the  time  required  in  going  to  and  from  their  homes. 

Every  principal  or  teacher  may  temporarily  suspend  a  pupil,  giving 
notice  to  higher  authorities ;  and  the  directors,  or  a  committee  thereof, 
may  after  hearing  suspend  him  for  a  definite  period  or  permanently  expel 
him. 

Children  who  are  blind,  deaf  or  mentally  deficient  shall,  when  capable 
of  education  and  training,  be  provided  instruction  by  the  public  school 
authorities,  either  in  the  district  or  elsewhere.  The  expense  of  such 
instruction,  when  outside  of  the  public  schools,  shall  be  paid  by  the  parents 
or  guardian  of  the  child,  if  able  to  do  so.  Any  child  reported  by  the 
medical  inspector  as  not  to  be  a  fit  subject  for  education  and  training  is 
exempted  from  the  law. 

Under  sections  1425  to  1431  of  the  School  Code  an  enumeration  of 
all  children  between  six  and  sixteen  in  every  school  district  shall  be  made 


io  SOCIAL    LAWS    OF    PENNSYLVANIA. 

between  April  ist  and  September  1st  each  year,  giving  the  name,  date  of 
birth,  age,  sex,  nationality,  place  of  residence,  name  and  address  of 
parents,  name  and  location  of  the  school  where  such  child  belongs  and 
the  name  and  address  of  the  employer  of  such  child,  if  any.  A  list  shall 
be  given  to  each  teacher  or  principal  in  the  district  before  October  ist 
and  a  summary  shall  be  sent  to  the  Superintendent  of  Public  Instruction 
on  blanks  provided  by  him.  When  any  child  fails  to  appear  at  school 
without  lawful  excuse  it  is  the  duty  of  the  teacher  or  principal  to  report 
the  fact  to  the  attendance  officer,  who  shall  enforce  attendance.  In  case 
these  provisions  are  not  carried  out  in  any  school  district,  the  Superin- 
tendent of  Public  Instruction  is  authorized,  after  hearing,  to  withhold  all 
or  part  of  the  State  funds  which  had  been  allotted  to  such  district. 

Under  sections  1432  to  1438  it  is  the  duty  of  all  districts  of  the 
ist,  2d  and  3d  classes  to  appoint  one  or  more  attendance  officers,  and 
districts  of  the  4th  class  are  empowered  to  do  so.  Such  officers  have  full 
police  power,  without  warrant,  to  arrest  or  apprehend  any  child  who  fails 
to  attend  school  or  who  is  incorrigible,  insubordinate  or  disorderly  during 
attendance  at  school  or  on  his  way  to  or  from  school.  It  is  the  duty  of 
such  officers  to  enforce  the  compulsory  attendance  laws,  to  look  after 
children  employed  under  certificates  by  inspecting  their  places  of  employ- 
ment and  ascertaining  whether  or  not  they  are  actually  employed  and  to 
notify  parents  of  their  failure  to  obey  the  compulsory  attendance  laws 
or  of  the  arrest  of  their  children.  Children  who  cannot  otherwise  be 
forced  to  attend  school  may  be  proceeded  against  in  the  juvenile  court, 
or  otherwise  according  to  law. 

3.     CUSTODY  OF  CHILDREN. 

When  a  dispute  arises  as  to  the  possession  or  custody  of  a  child,  the 
matter  is  decided  by  habeas  corpus  proceedings  in  court,  generally  in  the 
court  of  common  pleas,  but  in  Philadelphia  County  exclusive  jurisdiction 
in  such  cases  has  been  given  to  the  Municipal  Court  by  the  Act  of  July 
12,  1913,  P.  L.  711,  establishing  that  court.  Neither  the  father  nor  the 
mother  has  any  absolute  right  to  custody,  either  as  against  each  other  or 
as  against  third  persons,  but  as  against  third  persons  there  is  a  presump- 
tion (which  the  courts  frequently  disregard  for  the  welfare  of  the  child) 
in  favor  of  the  parent.  The  main  question  in  such  cases  is,  what  is  best 
for  the  permanent  welfare  of  the  child? 

For  many  years  the  courts  frequently  stated  that  the  rights  of  the 
father  were  paramount,  but  so  many  decisions  were  made,  from  time  to 
time,  against  the  father,  that  at  last  even  the  principle  itself  was  aban- 
doned, and  the  Act  of  June  26,  1895,  P.  L.  316  (Married  Women  23  and 
24),  was  passed  giving  any  mother  "who  contributes  by  the  fruits  of  her 
own  labor  or  otherwise  toward  the  support,  maintenance  and  education 
of  her  said  minor  child  the  same  and  equal  power,  control  and  authority 
over  her  said  child  and  *  *  *  the  same  and  equal  right  to  its 
custody  and  services  as  is  now  by  law  possessed"  by  the  father.  The 
judges  are  given  the  power  (which  they  already  possessed)  to  decide,  "in 
their  sound  discretion,  as  to  which  parent,  if  either,  the  custody  of  such 


CHILDREN.  II 

minor  child  shall  be  committed,  and  shall  remand  such  child  accordingly, 
regard  first  being  had  to  the  fitness  of  such  parent  and  the  best  interest 
and  permanent  welfare  of  said  child." 

Under  the  Act  of  May  4,  1855,  P.  L.  430,  as  amended  by  Act  of 
April  22,  1905,  P.  L.  297  (Married  Women  25),  when  any  father  "from 
drunkenness,  profligacy  or  other  cause  shall  neglect  or  refuse  to  provide 
for  his  child  or  children,"  the  mother  is  given  all  of  his  rights  and  duties 
as  to  such  child  or  children ;  "Provided  always,  that  she  shall  afford  to 
them  a  good  example  and  properly  educate  and  maintain  them  according 
to  her  ability ;  and  provided,  that  if  the  mother  be  of  unsuitable  character 
to  be  entrusted  as  aforesaid,  or  dead,  the  proper  court  may  appoint  a 
guardian  of  such  children,  who  shall  perform  the  duties  aforesaid  and 
apply  the  earnings  of  such  children  for  their  maintenance  and  education." 
This  act  has  been  held  to  be  constitutional ;  and  also  that  it  gives  the 
Orphans'  Court  the  power  to  appoint  a  guardian  for  a  child  whose  mother 
is  dead  and  whose  father,  for  any  cause,  fails  to  support  it.  Heinemann's 
Appeal  (1880),  96  Pa.  112. 

It  is  also  the  law  in  Pennsylvania  that  any  person  having  the  right 
to  the  custody  of  a  child  may,  by  contract,  relinquish  that  right  to  another 
person ;  and  such  contract,  if  fair  to  the  child  and  honestly  lived  up  to 
by  the  new  custodian,  is  valid  and  binding  upon  the  former  custodian. 

The  Act  of  May  5,  191 1,  P.  L.  177.  provides  that  whenever  the 
father  shall  not  have  supported  or  contributed  to  the  support  of  any 
child  for  a  period  of  six  months,  or  where  the  mother  shall  be  charged  by 
law  with  the  child's  support,  the  mother  shall  have  the  same  right  to  the 
services  of  the  child,  and  the  same  right  to  be  compensated  for  the  loss 
of  such  services,  as  is  now  by  law  possessed  by  the  father. 

4.     MOTHERS'  PENSIONS. 

The  Mothers'  Pension  Act  of  April  29,  1913,  P.  L.  118,  provides  for 
the  appointment  by  the  Governor  of  seven  women  in  each  county  to  act 
as  trustees  to  carry  out  the  purposes  of  the  act,  "to  provide  monthly  pay- 
ment, as  approved  by  the  trustees,  to  indigent,  widowed,  or  abandoned 
mothers,  for  partial  support  of  their  children  in  their  own  homes." 

The  sum  of  $200,000  was  appropriated  for  two  years,  one-half  avail- 
able each  year,  the  said  amount  to  be  divided  among  the  various  counties 
of  the  State  in  proportion  to  their  population  in  the  census  of  1910,  but 
any  county  desiring  to  receive  its  share  must  appropriate  a  like  sum  from 
its  public  funds.  This  makes  available  a  total  of  about  $40,400  a  year 
for  Philadelphia  County,  $26,600  a  year  for  Allegheny  County,  and  other 
counties  in  proportion  to  their  population. 

Out  of  these  funds  the  Act  permits  the  payment  of  administration 
expenses,  as  follows:  In  Philadelphia.  $3,000  a  year.  In  counties  with 
second  class  cities,  $2,400  a  year.  In  counties  with  third  class  cities. 
Si, 800  a  year.  In  other  counties,  $1,200  a  year.  In  the  first  year  an 
additional  sum  of  $500  may  be  spent  for  furnishing.  The  balance  of 
the  money  is  available  only  for  pensions,  which  must  not  exceed  $12 
a  month  for  one  child,  $20  a  month  for  two  children,  $26  a  month  for 


12  SOCIAL    LAWS    OF    PENNSYLVANIA. 

three  children,  and  $5  a  month  extra  for  each  additional  child.  The 
trustees  may  discontinue  payment  at  any  time,  and  they  must  stop  at  the 
time  the  law  will  permit  a  child  to  secure  employment.  The  amount  of 
money  available  and  the  rate  allowed  to  each  family  would  permit  about 
125  pensions  in  Philadelphia  and  80  in  Allegheny  County,  and  others  in 
proportion. 

The  act  provides  for  a  thorough  investigation,  and  that  no  pension 
shall  be  paid  until  the  trustes  "are  thoroughly  satisfied  that  the  recipient 
is  worthy  in  every  way,  and  that,  in  order  to  keep  her  children  in  her  own 
home,  a  monthly  payment  is  necessary."  Four  copies  of  the  complete 
record  in  each  case  shall  be  made — one  to  be  on  file  in  the  office  of  the 
trustees  as  a  public  record,  one  in  the  Juvenile  Court,  or  the  Orphans' 
Court  where  there  is  no  Juvenile  Court,  one  sent  to  the  Auditor  General 
and  one  to  the  County  Treasurer. 

It  is  further  provided  that  no  family  shall  receive  a  pension  unless 
the  mother  has  been  a  continuous  resident,  of  the  county  in  which  she 
applied  for  a  period  of  three  years. 


CHAPTER  II. 
CHILDREN  AND  THE  COURTS. 


PAGF 


i .  Juvenile  Courts   13 

2.  Maintenance  Under  Court  Order 16 

3.  Adoption   19 

4.  Appointment  of  Guardians 20 

5.  Institutions  for  Children 20 

1.    JUVENILE  COURTS. 

The  Juvenile  Court  Act  is  the  Act  of  April  23,  1903,  P.  L.  274 
(Juveniles  135  to  147).  It  has  been  amended  by  the  Acts  of  April  I, 
1909,  P.  L.  89;  April  22,  1909,  P.  L.  119;  June  1,  1911,  P.  L.  543;  June 
15,  191 1,  P.  L.  959  and  July  25,  1913,  P.  L.  1039.  A  number  of  supple- 
ments have  also  been  enacted  and  will  be  noted  at  the  appropriate  place 
of  each.    The  provisions  of  the  Juvenile  Court  Act  are  shortly  as  follows : 

Juvenile  court  jurisdiction  in  all  counties  except  Pniadelphia  is 
placed  in  the  Courts  of  Quarter  Sessions  of  the  Peace  of  the  several 
counties,  but  all  hearings  must  be  held  separate  and  apart  from  all  other 
cases  and  its  dockets  and  records  are  kept  entirely  separate.  In  Phila- 
delphia, under  the  Municipal  Court  Act  of  July  12,  191 3,  P.  L.  711, 
exclusive  jurisdiction  in  such  cases  is  placed  in  the  Municipal  Court, 
which  is  required  to  designate  one  judge  to  hold  Juvenile  Court  for  a 
period  of  not  less  than  one  year. 

Juvenile  Court  jurisdiction  comprises  all  proceedings  "affecting  the 
treatment  and  control  of  dependent,  neglected,  incorrigible  and  delinquent 
children  under  the  age  of  sixteen  years." 

"Dependent  child"  and  "neglected  child"  mean  "any  child  who  is 
destitute,  homeless,  abandoned,  or  dependent  upon  the  public  for  support, 
or  who  has  not  proper  parental  care  or  guardianship." 

"Incorrigible  child"  means  "any  child  who  is  charged  by  its  parent 
or  guardian  with  being  unmanageable." 

"Delinquent  child"  means  "any  child,  including  such  as  have  hereto- 
fore been  designated  incorrigible  children,  who  may  be  charged  with  the 
violation  of  any  law  of  this  commonwealth,  or  the  ordinance  of  any  city, 
borough  or  township." 

Under  section  two  cases  are  brought  before  Juvenile  Court  in  any 
one  of  the  following  four  ways : 

(1)  Upon  the  petition  of  any  citizen. 

(2)  After  a  child  has  been  arrested  on  a  charge  of  crime,  the  magis- 
trate or  justice  of  the  peace  may  certify  the  case  to  Juvenile  Court. 

(3)  After  a  case  has  been  sent  to  court  for  indictment  and  trial,  the 
distirct  attorney  may  certify  it  to  Juvenile  Court. 

(13) 


14  SOCIAL    LAWS    OF    PENNSYLVANIA. 

(4)  After  indictment  of  a  child  on  a  criminal  charge,  the  judge 
trying  the  case  may  certify  it  to  Juvenile  Court. 

After  Juvenile  Court  jurisdiction  has  attached,  and  pending  final 
disposition  of  the  case,  the  child  is  subject  to  the  order  of  the  court  and 
may  be  permitted  to  remain  with  its  parents  or  others  in  charge  of  it,  or 
with  the  probation  officer,  or  may  be  kept  in  some  place  provided  by  the 
State  or  county  authorities,  or  by  any  association  having  for  one  of  its 
objects  the  care  of  delinquent  or  neglected  children,  as  the  court  may 
order. 

Under  section  three,  as  supplemented  by  the  Act  of  May  11,  191 1,  P. 
L.  268,  the  court  may  appoint  probation  officers,  clerks,  stenographers 
and  office  assistants  and  fix  their  salary  at  not  more  than  $100  a  month, 
except  in  Philadelphia  County,  where  the  Municipal  Court  Act  allows 
a  salary  of  not  more  than  $3,000  to  the  chief  probation  officer  and  $1,500 
to  additional  probation  officers. 

Attention  is  here  called  to  the  fact  that  the  child  is  not  on  trial  under 
this  act,  but  under  section  four  the  judge  hearing  the  case  (there  is 
never  a  jury)  "shall  determine,  after  an  inquiry  into  the  facts,  what 
order  for  the  commitment  and  custody  and  care  of  the  child  the  child's 
own  good  and  the  best  interests  of  the  State  may  require."  The  court 
may  commit  the  child  to  the  care  of  its  parents,  subject  to  the  super- 
vision of  a  probation  officer,  or  to  some  institution,  or  to  some  individual 
of  good  moral  character,  or  to  some  training  or  industrial  school,  or  to 
some  association  willing  to  receive  it.  And  an  order  of  support  may  be 
made  against  the  parents  enforceable  in  the  same  way  as  orders  in  non- 
support  cases.  Under  section  five,  the  associations  or  individuals  to 
whose  care  a  child  is  committed  become  guardians  of  the  person  of  the 
child  and  may  give  legal  consent  to  its  adoption  by  court  order,  as  well 
as  place  it  in  a  family  home. 

Under  section  six,  as  amended  by  the  Act  of  July  25,  1913,  P.  L. 
1039,  the  court  may  act  in  any  case  brought  before  it  in  one  of  the 
following  ways : 

( 1 )  It  may  continue  the  hearing  from  time  to  time  and  commit  the 
child  to  the  care  of  a  probation  officer,  allowing  the  child  to  remain  in  its 
own  home  subject  to  visitation  by  the  probation  officer,  the  child  to  report 
as  often  as  required  and  be  subject  to  be  returned  to  the  court  for  further 
proceedings  whenever  this  appears  necessary. 

(2)  It  may  commit  the  child  to  the  care  of  a  probation  officer  to  be 
placed  in  a  suitable  family  home,  subject  to  the  supervision  of  such 
probation  officer. 

(3)  It  may  authorize  the  probation  officer  to  board  out  the  child  in 
some  suitable  family  home,  in  case  provision  is  made  by  voluntary  con- 
tribution, or  otherwise,  for  the  payment  of  board. 

(4)  It  may  direct  the  payment  of  the  board  by  the  county,  until  a 
suitable  provision  may  be  made  for  the  child  in  a  home  without  such 
payment. 

(5)  It  may  commit  the  child  to  a  suitable  institution  for  the  care  of 
delinquent  children,  or  to  any  incorporated  society  which  has  for  one  of 


CHILDREN    AND    THE    COURTS.  15 

its  objects  the  protection  of  such  children,  and  may  direct  that  the  pay- 
ment of  the  board  of  such  child  shall  be  made  by  the  proper  county. 

Section  seven  provides  that  no  child  shall  be  confined  in  any  jail, 
police  station  or  institution  to  which  adult  convicts  are  sentenced. 

By  section  eight,  as  amended  by  Act  of  April  22,  1909,  P.  L.  119,  the 
court  is  given  power  to  amend,  change  or  extend  any  order  at  any  time 
after  five  days'  notice  to  the  district  attorney  and  chief  probation  officer ; 
and  the  jurisdiction  of  the  juvenile  court  over  a  child  shall  continue,  at 
the  discretion  of  the  judge,  until  the  child  becomes  twenty-one  years 

of  age. 

Section  nine  provides  that  children  shall  be  committed,  as  far  as 
possible,  to  the  care  of  persons  of  the  same  religion  as  the  parents,  or 
with  some  association  which  is  controlled  by  persons  of  such  religious 
belief.  The  discipline  of  the  child  shall  be  as  nearly  as  possible  that 
which  should  be  given  by  its  parents.  In  all  cases  where  it  can  properly 
be  done,  the  child  shall  be  placed  in  an  approved  family  home,  and  become 
a  member  of  the  family  by  legal  adoption  or  otherwise. 

By  section  ten,  a  delinquent  child  under  twelve  shall  not  be  com- 
mitted to  an  institution  of  correction  or  reformation,  unless,  after  a 
period  of  probation,  the  court  finds  that  the  best  interests  of  the  child 
and  the  welfare  of  the  community  require  such  commitment;  and  a 
neglected  or  dependent  child,  who  is  not  delinquent,  shall  not  be  com- 
mitted to  any  institution  of  correction  or  reformation  in  which  delinquent 
children  are  received,  nor  shall  any  delinquent  child  be  committed  to  any 
institution  in  which  dependent  or  neglected  children  are  received. 

By  section  eleven,  nothing  in  the  Juvenile  Court  Act  deprives  the 
courts  of  quarter  sessions  and  oyer  and  terminer  to  try  any  child  upon 
indictment  in  the  regular  course  of  the  criminal  law. 

By  the  supplementary  Act  of  June  9,  191 1,  P.  L.  836,  the  court 
may  order  the  legal  costs  of  the  case  to  be  paid  by  the  county,  or  by  the 
complainant  if  the  complaint  was  made  without  proper  cause,  or  by  the 
parents  or  custodian  if  they  were  at  fault  and  are  of  ability  to  pay;  but 
all  costs  are  to  be  paid  by  the  county  in  the  first  instance ;  but  the  county 
is  liable  only  for  witnesses  certified  as  necessary  by  the  probation  officer 
or  by  the  court. 

Under  the  supplementary  Act  of  June  7,  1907,  P.  L.  438  (Juveniles 
148  to  152),  the  probation  officer  may  call  upon  the  sheriff  for  assistance 
in  serving  a  process  or  executing  an  order  of  court.  The  fees  for  such 
assistance  as  well  as  the  fees  of  constables  in  Juvenile  Court  cases  are 
fixed  in  this  act. 

Under  the  supplementary  Act  of  May  6,  1909,  P.  L.  434,  knowingly 
assisting  or  encouraging  any  child  to  whom  the  jurisdiction  of  the  court 
has  attached  in  violating  his  or  her  parole,  or  contributing  to  the  delin- 
quency of  such  a  child,  is  a  misdemeanor  punishable  by  fine  of  $500  and 
one  year's  imprisonment. 

Under  the  Act  of  March  22,  1899,  P.  L.  15  (Juveniles  122  and  123), 
the  Federal  Courts  in  Pennsylvania  may  commit  minors  to  any  reform- 
atory, house  of  refuge  or  other  institution  for  juvenile  delinquents,  the 
cost  thereof  to  be  paid  by  the  United  States. 


16  SOCIAL    LAWS    OF    PENNSYLVANIA. 

2.    MAINTENANCE  UNDER  COURT  ORDER. 

DETENTION   ROOMS. 

Under  the  Act  of  April  3,  1903,  P.  L.  137  (Juveniles  68),  as  amended 
by  the  Act  of  July  21,  1913,  P.  L.  870,  it  is  the  duty  of  the  county  com- 
missioners of  each  county  to  provide  suitable  rooms  to  be  used  exclusively 
for  the  confinement  of  children  under  sixteen  who  are  in  custody  awaiting 
trial,  and  to  provide  for  their  maintenance  and  care. 

HOUSE  OF  DETENTION. 

The  Act  of  July  2,  1901,  P.  L.  601  (Juveniles  69  to  78),  provides  for 
a  house  of  detention  in  every  county  containing  a  first  or  second  class 
city,  to  be  maintained  at  public  expense,  for  the  reception  of  juvenile 
offenders  and  neglected  and  dependent  children  pending  final  determina- 
tion of  their  cases.  A  board  of  managers  appointed  by  the  court  shall 
take  charge  of  the  management  of  such  houses,  and  shall  not  detain  more 
than  twenty-five  children  in  one  house,  but  shall  provide  additional  houses 
where  necessary. 

IN    HOUSE  OF  REFUGE. 

The  Act  of  March  27,  1903,  P.  L.  83  (Juveniles  114  to  119),  provides 
that  when  a  child  has  been  committed  to  a  house  of  refuge  not  under 
State  control,  half  of  the  expenses  of  maintenance  shall  be  paid  by  the 
county  from  which  such  child  was  committed  and  the  other  half  shall  be 
paid  out  of  the  State  appropriation  to  the  institution. 

IN  INDUSTRIAL  SCHOOLS. 

The  Act  of  April  15,  1903,  P.  L,  208  (Juveniles  32  to  34),  provides 
that  when  a  child  has  been  committed  to  any  industrial  school,  or  other 
institution  of  like  character,  whose  parents  or  guardian  are  not  of  suffi- 
cient ability  to  pay  the  expense  of  maintaining  and  instructing  such  child, 
such  expenses  shall  be  paid  by  the  county  and  shall  not  exceed  the  cost  in 
the  house  of  refuge. 

IN   PRIVATE  HOMES. 

Under  the  Act  of  May  31,  1907,  P.  L.  331  (Juveniles  11a),  whenever 
any  judge  "or  other  competent  authority"  shall  commit  any  indigent  or 
dependent  child  to  the  care  and  custody  of  any  person  or  family,  such 
child  shall  be  conveyed  to  the  home  at  the  expense  of  the  county  and 
the  cost  of  maintenance  shall  also  be  paid  by  the  county,  but  at  a  sum 
not  exceeding  what  it  would  cost  in  the  House  of  Refuge,  or  other  public 
institution  of  such  county. 

If  at  any  time  the  parents  or  other  relatives  of  such  child  become 
able  to  pay  such  costs,  or  to  refund  the  money  already  paid,  the  county 
may  obtain  and  enforce  an  order  of  support  in  the  same  manner  as  in 
cases  of  non-support  of  wife  and  children. 


CHILDREN    AND    THE    COURTS.  17 

OUTSIDE    THE    STATE. 

Under  the  Act  of  June  7,  191 1,  P.  L.  676,  the  county  shall  pay  the 
"reasonable  charge"  for  the  maintenance  of  a  child  committed  by  the 
Juvenile  Court  to  homes  or  institutions  outside  the  State,  the  itemized 
statement  of  such  charges  to  be  in  such  form  as  the  controller  of  the 
county  may  require. 

FEDERAL   COURTS   MAY   COMMIT  TO   INSTITUTIONS. 

The  Act  of  March  22,  1899,  P.  L.  15  (Juveniles  122  and  123), 
requires  the  persons  in  control  and  charge  of  any  reformatory,  house 
of  refuge,  or  other  institution  for  juvenile  delinquents  or  juvenile  con- 
victs to  receive  in  their  respective  institutions  all  persons  sent  to  them 
by  the  United  States  Courts  in  Pennsylvania,  when  they  are  required  to 
receive  the  same  kind  of  cases  from  State  courts,  it  being  provided  that 
no  person  shall  be  admitted  unless  residing  in  this  commonwealth. 

The  cost  of  the  maintenance  of  such  persons  shall  be  paid  by  the 
United  States  in  the  same  way  as  persons  committed  by  those  courts  to 
the  Eastern  and  Western  Penitentiaries. 

CHILDREN  PAROLLED  BY  INSTITUTIONS. 

Under  the  Act  of  April  22,  1909,  P.  L.  113,  the  managers  of  any 
house  of  refuge  or  reform  school  may  release  any  child  on  parole,  and 
if  the  child  has  no  relative  capable  of  taking  charge  of  him,  and  by 
reason  of  mental  or  physical  defects  is  incapable  of  working  for  his 
living,  they  may  pay  his  board  in  some  proper  home,  not  exceeding  in 
amount  the  current  per  capita  charge.  As  long  as  the  board  is  being 
thus  paid,  the  child  shall  be  counted  as  an  inmate  and  a  charge  made  to 
the  proper  county  for  maintenance. 

RIGHTS    AND   LIABILITY    OF    COUNTY. 

Under  the  Act  of  May  8,  1913,  P.  L.  177,  when  a  child  is  committed 
to  the  care  of  any  person  or  society,  and  the  county  is  to  pay  expenses, 
then  there  shall  be  a  legal  liability  on  the  part  of  the  county  to  such  person 
or  society ;  and  the  county  shall  in  all  cases  have  full  recourse  to  recover 
such  expenses  from  the  persons  or  poor  districts  properly  chargeable 
therewith  under  the  laws  of  the  commonwealth. 

COMMITMENT  TO   CHARITABLE  SOCIETIES. 


m 


The  Act  of  June  8,  1893,  P.  L.  399  (Juveniles  124  to  130),  as  supple- 
ented  by  the  Act  of  May  11,  191 1,  P.  L.  270,  made  it  lawful  for  any 
society  having  for  one  of  its  objects  the  protection  of  children  from 
cruelty,  or  any  child-placing  society,  duly  incorporated,  to  receive  into  its 
care  any  child  committed  to  it  by  any  justice  of  the  peace,  magistrate  or 
judge,  upon  proof  of  one  of  the  following  states  of  fact: 

( 1 )   Such  child,  by  reason  of  incorrigible,  unmanageable,  vicious  or 
wayward  conduct,  is  beyond  the  control  of  its  parent  or  guardian. 


18  SOCIAL    LAWS    OF    PENNSYLVANIA. 

(2)  Its  parents,  by  reason  of  vagrancy,  incorrigible  or  vicious  con- 
duct, criminal  offence,  moral  depravity  or  cruelty,  are  unfit  to  have  the 
training  and  control  of  such  child. 

(3)  Such  child  is  a  vagrant  and  has  no  parent  or  guardian  capable  or 
willing  to  restrain,  manage  or  take  proper  care  of  it. 

(4)  Such  child  has  been  committed  after  conviction  of  a  criminal 

offence. 

After  a  commitment  it  becomes  the  duty  of  the  society  to  look  after 
such  children,  and,  if  they  are  placed  in  a  private  home,  to  see  that  the 
persons  with  whom  they  are  placed  are  of  the  same  religious  denomination 
as  that  of  the  child's  parents. 

Section  9  of  the  Child  Protection  Act  of  June  11,  1879,  P.  L.  142 
(Juveniles  10),  also  provides  for  such  a  commitment  by  a  justice  of  the 
peace,  magistrate  or  court,  after  conviction  of  the  parent  or  guardian 
of  a  violation  of  law  towards  such  child,  or  where  the  parents  or  guardian 
cannot  be  found. 

The  validity  of  commitments  made  by  magistrates  under  the  above 
acts  have  come  before  the  courts  in  several  cases.  It  was  specifically 
provided  by  the  Act  of  March  26,  1903,  P.  L.  66  (Juveniles  153),  that 
no  child  under  sixteen  shall  be  committed  by  any  magistrate  or  justice  of 
the  peace  to  any  institution  for  the  purpose  of  correction  or  reformation, 
but  only  by  the  court  of  quarter  sessions.  Under  this  act  and  under  the 
terms  of  the  Juvenile  Court  Act  of  April  23,  1903,  P.  L.  274  (Juveniles 
135  et  seq.),  it  has  been  uniformly  held  that  no  such  commitments  may 
now  be  made  by  magistrates  or  justices  of  the  peace,  but  only  by  Juvenile 
Court.  See  Commonwealth  ex  rel.  Diehl  v.  Pennsylvania  Society  to 
Protect  Children  from  Cruelty,  36  Pa.  C.  C.  ZJ,  18  D.  R.  19.  In  re 
Petition  of  the  Pennsylvania  Society  to  Protect  Children  from  Cruelty, 
22  D.    R.  347. 

Under  the  Act  of  May  11,  191 1,  P.  L.  270,  when  a  commitment  in 
any  case  is  refused  by  the  court,  the  costs  may  be  placed  on  the  county 
or  on  the  complainant,  or  on  both  in  such  proportion  as  to  the  court  shall 
seem  equitable. 

DETENTION   OF    CHILDREN    BY   POOR   AUTHORITIES. 

Under  the  Act  of  June  13,  1883,  P.  L.  in  (Juveniles  19  to  21),  it 
is  unlawful  for  the  poor  authorities  to  receive  into  or  retain  in  any  alms- 
house or  poor  house  any  child  between  two  and  sixteen  for  a  longer 
period  than  sixty  days,  unless  such  child  be  an  unteachable  idiot,  an 
epileptic  or  a  paralytic,  or  otherwise  so  disabled  or  deformed  as  to  render 
it  incapable  of  labor  or  service.  Normal  children  between  two  and 
sixteen  under  charge  of  the  poor  authorities  shall  be  paced  in  some 
respectable  family  or  in  some  educational  institution  or  home  for  children, 
and  shall  there  be  visited  regularly  by  the  agent  of  such  poor  authorities, 

The  same  act  empowers  any  county,  or  any  two  or  more  counties 
acting  together,  to  establish  and  maintain  an  industrial  home  for  the  care 
and  training  of  children ;  but  this  must  be  remote  from  the  poor  house 
and  under  separate  management. 


CHILDREN    AND    THE    COURTS.  19 


3.    ADOPTION. 


Adoption  of  children  is  generally  under  the  Act  of  April  22,  1905, 
P.  L.  297  (Adoption  1),  under  which  the  adopting  parent  presents  his 
or  her  petition  to  the  court  of  common  pleas  in  the  county  of  his  or  her 
residence,  and  such  court  may,  after  proper  written  consent  is  filed, 
decree  that  such  child  shall  assume  the  name  of  the  adopting  parent  and 
have  all  the  rights  of  a  child  and  heir  of  such  adopting  parent.  If  a 
husband  and  wife  wish  to  adopt  a  child,  both  should  join  in  the  petition, 
otherwise  the  child  will  be  the  heir  of  the  one  only  who  petitions. 

The  consent  above  mentioned  may  be  given  by  the  following : 

(1)  Parents,  or  the  surviving  parent  if  one  be  dead. 

(2)  Or,  if  the  child  shall  have  been  judicially  committed  under  the 
Juvenile  Court  Act  to  the  care  of  any  person  or  institution  as  being 
destitute,  homeless,  abandoned  or  dependent  on  the  public,  or  having  no 
parental  care,  then  by  such  person  or  institution  and  that  of  the  non- 
neglecting  parent,  if  one  be  living. 

(3)  Or,  if  the  parent  or  parents  have  been  three  times  convicted  of 
any  crime  against  or  in  relation  to  the  child,  before  any  magistrate  or 
court  of  record,  and  the  child  shall  have  been  committed  to  the  care  of 
any  person  or  institution,  then  with  the  consent  of  such  person  or  institu- 
tion and  that  of  the  innocent  parent,  if  one  be  living. 

(4)  Or,  if  a  parent,  from  drunkenness,  profligacy  or  other  cause, 
shall  have  neglected  or  refused  to  provide  for  the  child  for  one  year,  then 
with  the  consent  of  the  non-neglecting  father  or  mother  alone. 

(5)  Or,  if  none,  of  the  next  friend  of  the  child. 

(6)  Or,  with  the  consent  of  the  guardians  or  overseers  of  the  poor. 

(7)  Or,  with  the  consent  of  such  charitable  institution  as  shall  have 
supported  the  child  for  at  least  one  year. 

Under  the  Act  of  July  2,  1901,  P.  L.  606  (Adoption  5),  a  resident  of 
another  state  if  a  fit  person  may  adopt  a  child  in  this  state  upon  the 
petition  of  the  parents  or  the  survivor  of  them,  or,  if  none,  of  the  next 
friend  of  the  child,  or  of  the  overseers  of  the  poor,  or  of  such  charitable 
institution  as  shall  have  supported  the  child  one  year. 

Under  the  Act  of  April  2,  1872,  P.  L.  31  (Adoption  4),  a  child  may 
also  be  adopted  by  deed  of  its  parents,  recorded  in  the  Recorder's  Office 
of  the  county  where  the  adopting  parents  reside  at  the  time  of  the  execu- 
tion of  the  deed.    The  recording  is  essential  to  the  validity  of  this  method. 

Under  the  Act  of  June  1,  191 1,  P.  L.  539,  an  adult  person  may  be 
adopted  as  an  heir  upon  the  petition  of  the  adopting  parent,  the  written 
consent  of  such  adult  person,  and  of  his  or  her  wife  or  husband,  if  any, 
being  presented.  The  adopting  parent  and  the  adopted  adult  shall  then 
have  all  the  rights  and  be  subject  to  all  the  duties  as  if  the  latter  had 
been  born  the  lawful  child  of  the  former;  and  the  adopted  adult  may 
change  his  name  if  he  so  desires. 

Under  the  child  protection  Act  of  June  n,  1879,  P.  L.  142,  section 
10  (Juveniles  11),  any  minor  child  who  has  been  deserted  by  its  parents 
and  has  no  legal  guardian  may  be  adopted  by  order  of  the  court  of 


20  SOCIAL    LAWS    OF    PENNSYLVANIA. 

common  pleas  in  the  same  manner  as  if  its  parents  were  dead,  namely, 
with  the  consent  of  the  next  friend  of  the  child. 

4.  APPOINTMENT  OF  GUARDIANS. 

Under  the  Act  of  March  29,  1832,  P.  L.  190  (Orphans'  Courts,  73  et 
seq),  jurisdiction  for  the  appointment  of  guardians  of  minors  is  vested 
in  the  Orphans'  Court  of  the  county  in  which  the  minor  resides.  Two 
kinds  of  guardians  are  mentioned,  guardians  of  the  "persons"  and  of 
"estates,"  and  therefore  the  guardian  of  the  person  of  a  minor  may  be  a 
different  person  from  the  guardian  of  his  estate.  Minors  must  choose 
their  own  guardian  in  open  court,  but  the  court  appoints  guardians  "for 
such  as  they  shall  judge  too  young  or  otherwise  incompetent  to  make 
choice  for  themselves."  The  statute  mentions  no  age  above  which  minors 
may  choose  for  themselves,  but  the  courts  of  this  state  universally  accept 
fourteen  as  such  age. 

It  is  aso  provided  that  "persons  of  the  same  religious  persuasion  as 
the  parents  of  the  minors  shall,  in  all  cases,  be  preferred  by  the  court  in 
their  appointment." 

The  act  also  provides  that  no  executor  or  administrator  shall  be 
appointed  guardian  of  a  minor  who  has  an  interest  in  the  estate  of  which 
he  is  executor  or  administrator;  but  this  rule  does  not  apply  to  testa- 
mentary guardians,  which  are  guardians  appointed  by  a  parent  in  his  or 
her  will.  Such  guardians  are  recognized  (Decedents'  Estates,  181  to 
186),  but  the  right  to  appoint  testamentary  guardians  does  not  extend 
beyond  the  parents,  as,  for  instance,  to  a  grandparent. 

A  guardian  appointed  by  another  state  has  no  right  to  interfere  with 
the  estate,  or  control  the  person,  of  a  minor  in  this  state ;  but  the  Orphans' 
Court  may  appoint  the  same  person  here,  upon  his  entering  security. 

In  all  cases  the  court  may  require  security  in  such  amount  as  it  may 
deem  proper.  The  guardian  shall  file  an  account  at  least  once  in  three 
years,  and  shall  end  his  trust  by  filing  a  full  and  complete  account  and 
submitting  to  an  audit  and  distribution  when  the  ward  becomes  twenty- 
one  years  of  age. 

Under  section  5  of  the  Juvenile  Court  Act,  any  association  or 
individual  to  whom  the  care  of  a  dependent  child  is  awarded  stands  in 
the  position  of  a  guardian  of  the  person  of  such  child,  and  may  give 
legal  consent  to  the  adoption  of  such  child. 

5.  INSTITUTIONS  FOR  CHILDREN. 

HOUSE  OF  REFUGE,   PHILADELPHIA. 

The  House  of  Refuge,  at  Philadelphia,  is  a  semi-public  institution 
stablished  under  the  Act  of  March  23,  1826,  P.  L.  133,  and  its  supple- 
ments (Juveniles  79  to  93),  as  well  as  the  Act  of  March  24,  1909,  P.  L. 
62.  Its  managers  shall  receive,  at  their  discretion,  boys  and  girls  under 
twenty-one  from  any  of  the  eastern  counties  committed  to  their  custody 
in  either  of  the  following  ways  : 

(1)  Children  who  are  taken  up  or  committed  as  vagrants,  or  upon 
any  criminal  charge,  or  duly  convicted  of  criminal  offences,  and  who  are 
committed  by  the  courts  to  the  House  of  Refuge. 


CHILDREN    AND    THE    COURTS.  21 

(2)  Children  committed  by  an  alderman  or  justice  of  the  peace  on 
the  complaint  of  the  parent,  guardian  or  next  friend  that  by  reason  of 
incorrigible  or  vicious  conduct  of  the  child  such  parent,  guardian  or 
next  friend  has  lost  control  of  the  child,  and  regard  for  the  morals  and 
future  welfare  of  the  child  requires  that  it  be  sent  to  the  House  of 

Refuge. 

(3)  Children  committed  by  the  same  authority  where  complaint  and 
due  proof  show  the  child  to  be  incorrigible  or  vicious,  and  that  from  the 
moral  depravity,  or  otherwise,  of  the  parent  or  next  friend,  the  latter  is 
incapable  or  unwilling  to     exercise  the  proper  care  and  discipline  over 

such  child. 

The  managers  have  power  to  place  children  committed  to  the  House 
of  Refuge  at  such  employments,  and  cause  them  to  be  instructed  in  such 
branches  of  useful  knowledge  as  may  be  suitable  to  their  years  and 
capacities ;  they  have  power  to  bind  out  children,  with  their  consent,  as 
apprentices,  to  learn  such  trades  as  in  their  judgment  will  be  most  con- 
ducive to  their  reformation  and  amendment,  and  will  tend  to  their  future 
benefit  and  advantage. 

The  question  as  to  whether  any  person  has  been  illegally  committed 
or  detained  by  the  House  of  Refuge  may  always  be  brought  up  in  court 
by  habeas  corpus. 

Under  the  Acts  of  May  11,  1901,  P.  L.  158,  and  March  27,  1903,  P. 
L.  83  (Juveniles  109  to  119),  one-half  of  the  expense  of  maintaining  and 
instructing  each  child  shall  be  borne  by  the  county  from  which  the  child 
is  committed  and  the  other  one-half  shall  be  paid  by  the  State  out  of  the 
appropriations  made  to  the  institution  from  time  to  time. 

MORGANZA. 

"The  House  of  Refuge  of  Western  Pennsylvania,"  now  located  at 
Morganza,  is  established  and  governed  under  the  Act  of  April  22,  1850, 
P.  L.  538,  and  its  supplements  (Juveniles  94  to  105). 

Children  are  committed  to  Morganza  in  the  same  way  and  under  the 
same  rules  as  to  the  House  of  Refuge  in  Philadelphia.  Under  the  Act 
of  March  18,  185 1,  P.  L.  199  (Juveniles  89,  note),  children  may  be  sent 
from  the  following  counties  to  Morganza:  Allegheny,  Armstrong, 
Beaver,  Butler,  Cambria,  Crawford,  Erie,  Fayette,  Greene,  Indiana, 
Jefferson,  Mercer,  Somerset,  Venango,  Warren,  Washington  and  West- 
moreland ;  McKean  was  added  by  another  act. 

The  managers  may  make  all  necessary  rules  and  regulations  for  the 
government  of  the  institution  and  the  instruction  and  employment  of  the 
children.  They  are  also  authorized  to  bind  out  such  children  as  appren- 
tices, with  their  consent,  to  such  persons  and  to  learn  such  trades  as  will 
be  conducive  to  their  reformation  and  will  tend  to  their  future  advantage. 

The  cost  of  maintaining  and  educating  such  children  shall  be  at  the 
expense  of  the  proper  county. 

HUNTINGDON. 

The  State  Industrial  Reformatory,  at  Huntingdon,  was  built  under 
the  Act  of  June  8,  1881,  P.  L.  63,  and  is  conducted  and  managed  under 


22  SOCIAL    LAWS    OF    PENNSYLVANIA. 

the   Act   of   April   28,    1887,    P.   L.   63,   and  the   supplements   thereto 
(Huntingdon  Reformatory  1  to  43). 

The  last  mentioned  act  provides  that  any  court  exercising  criminal 
jurisdiction  may  sentence  to  Huntingdon  any  duly  convicted  male  criminal 
between  the  ages  of  fifteen  and  twenty-five  and  not  known  to  have  been 
previously  sentenced  to  state  prison.  Every  sentence  to  Huntingdon  shall 
be  a  general  sentence,  and  not  for  a  definite  term,  but  imprisonment  shall 
not  be  for  a  longer  period  than  the  maximum  time  provided  by  law  for 
imprisonment  for  the  crime  of  which  the  prisoner  was  convicted. 

As  the  aim  and  purpose  of  the  industrial  reformatory  is  to  prevent 
young  first  offenders  from  becoming  criminals,  and  to  subject  them  while 
in  custody  to  such  remedial,  preventive  treatment,  training  and  instruc- 
tion as  may  make  them  honest,  reputable  citizens,  the  managers  are 
empowered  to  establish  such  a  system  of  discipline  as  will  secure  to  each 
inmate  instruction  in  the  rudiments  of  an  English  education,  and  in  such 
manual,  handicraft,  skilled  vocations  as  may  be  useful  to  each  of  the 
inmates  after  his  discharge  from  the  reformatory.  A  system  of  marks 
of  credits  and  rewards  is  required  by  law,  and  a  semi-annual  report  of  the 
standing  of  each  inmate  shall  be  made  to  the  Governor  and  filed  in  the 
office  of  the  Secretary  of  the  Commonwealth.  The  managers  are  further 
empowered  to  release  prisoners  on  parole  and  to  arrest  them  if  they  break 
the  conditions  of  their  parole. 

When,  in  the  opinion  of  the  superintendent,  physician  and  moral 
instructor  any  inmate  is  deemed  so  improved  as  to  justify  his  liberation, 
such  fact,  with  the  full  record  of  the  prisoner,  is  certified  to  the  court 
where  he  was  convicted,  and  said  court  is  thereupon  empowered  to 
order  the  prisoner's  discharge.  The  Governor  may  also  restore  such 
person  to  full  citizenship. 

GIRARD  COLLEGE. 

The  Act  of  February  27,  1847,  P.  L.  178,  empowers  the  guardians 
of  the  poor  of  Philadelphia,  the  district  of  Southwark  and  townships  of 
the  Northern  Liberties  and  Penn,  with  the  consent  of  the  mother, 
guardian  or  next  friend,  or  if  none,  by  their  own  authority,  to  bind  any 
poor,  white,  male  orphan  child  within  this  commonwealth,  between  the 
ages  of  six  and  ten,  by  indenture,  to  the  mayor,  alderman  and  citizens 
of  Philadelphia  as  trustees  under  the  will  of  Stephen  Girard,  as  an  orphan 
to  be  admitted  into  the  said  college  and  there  maintained  and  educated 
according  to  the  provisions  of  said  will. 

PHILADELPHIA   PROTECTORY   FOR   BOYS. 

Under  the  Act  of  May  11,  1901,  P.  L.  187  (Juvenies  66  and  67),  any 
court  in  the  commonwealth,  with  consent  of  parent,  guardian  or  custodian, 
may  commit  any  boy  to  the  Philadelphia  Protectory  for  Boys,  located  at 
Protectory,  Montgomery  County,  upon  proof  that  such  boy,  by  reason  of 
incorrigible  behavior  or  vicious  conduct,  has  become  beyond  the  control 
of  his  parents,  guardians  or  custodians. 


CHILDREN    AND    THE    COURTS.  23 

THADDEUS  STEVENS   INDUSTRIAL  SCHOOL. 

The  Act  of  May  11,  1905,  P.  L.  518,  as  amended  by  the  Act  of  April 
15,  1907,  P.  L.  91,  and  the  Act  of  April  29,  1909,  P.  L.  274,  provides  for 
an  institution  for  the  education  and  training  of  indigent  orphan  boys, 
called  the  Thaddeus  Stevens  Industrial  School,  and  situated  in  Lan- 
caster, Pa. 

The  institution  shall  receive  indigent  orphan  boys,  from  the  State 
of  Pennsylvania,  under  fourteen,  whose  admission  may  be  applied  for 
under  such  regulations  as  the  Board  of  Trustees  may  adopt.  No  prefer- 
ence shall  be  shown  on  account  of  race,  or  color  or  religion. 

If  not  enough  boys  of  this  class  to  fill  the  school  shall  apply,  then 
the  trustees  may  admit,  first,  orphans  who  may  not  be  indigent,  and, 
afterwards,  other  deserving  boys  who  are  not  orphans.  An  orphan  is 
defined  as  any  boy  who  has  lost  either  parent. 

There  is  instruction  provided  in  regular  branches,  in  elementary 
manual  training  and  in  the  elements  of  farming. 

> 

COUNTY   SCHOOLS   FOR   BOYS. 

By  the  Act  of  May  1,  1909,  P.  L.  302,  as  amended  and  supplemented 
by  the  Acts  of  March  15,  191 1,  P.  L.  18;  May  11,  191 1,  P.  L.  262;  May 
20,  1913,  P.  L.  262,  and  May  20,  191 3,  P.  L.  263,  counties  of  more  than 
300,000  and  less  than  1,200,000  population  (at  present,  Allegheny  and 
Luzerne)  are  required  to  establish  a  school  for  boys,  supplementary  to 
the  public  school  system,  to  be  kept  open  during  the  entire  year  and  built 
on  the  cottage  home  plan.  Such  schools  shall  receive  boys  upon  the  com- 
mitment of  the  juvenile  court  of  the  county,  and  upon  proper  compensa- 
tion being  arranged  for,  may  receive  boys  committed  by  the  juvenile 
courts  of  other  counties.  The  school  shall  be  presided  over  by  a  super- 
intendent trained  in  educational  and  social  work.  It  shall  have  the  power 
of  detention  over  the  boys  committed,  and  may,  with  the  consent  of  the 
court,  release  boys  on  parole  upon  such  conditions  as  the  managers  may 
prescribe.  Upon  unsatisfactory  conduct  the  school  may  apprehend  such 
boys  and  give  them  further  training  during  their  minority. 

Such  schools  are  under  the  management  of  nine  persons  appointed 
by  the  Court  of  Common  Pleas  of  the  county,  who,  with  the  County 
Commissioners,  make  up  the  Board  of  Managers. 

The  Board  of  Managers  is  further  empowered  to  provide  for  paying 
the  boys  a  portion  of  the  earnings  of  the  school  for  the  work  performed  by 
them.    The  remainder  is  to  be  paid  into  the  county  treasury. 


CHAPTER  III. 
DESEETION  AND  NON-SUPPORT. 


PAGE 


Introduction   24 

1.  The  Non-Support  Act  of  1867 25 

2.  Aged  Parents 27 

3.  Misdemeanor  Act  of  1903 27 

4.  Alimony    28 

5.  Illegitimate  Children 28 

6.  Support  by  Order  of  the  Juvenile  Court 29 

7.  Where  the  County  has  Supported,  under  an  Order  of  Court 30 

8.  Grandparents  and   Grandchildren 30 

9.  Civil  Suit  for  Maintenance 32 

10.  At  Common  Law 33 

11.  Miscellaneous  Provisions  of  the  Poor  Law 33 

INTRODUCTION. 

There  are  several  laws  in  Pennsylvania  under  which  court  action  may 
be  taken  to  force  one  person  to  pay  for  the  support  of  another.  These 
laws  are  peculiarly  useful  to  persons  engaged  in  social  work,  and  will 
be  considered  separately  in  the  following  order: 

1.  The  law  most  often  invoked  and  most  adequate  in  its  operation 
is  the  summary  proceeding  under  the  Act  of  1867,  as  amended,  supple- 
mented and  amplified  by  later  legislation,  for  the  support  of  wives  and 
children  by  their  husbands  and  fathers. 

2.  Of  exactly  the  same  nature  of  legislation  is  the  Act  of  1895  f°r 
the  support  of  parents  not  able  to  work  or  of  sufficient  ability  to  maintain 
themselves,  by  their  child  or  children  of  full  age. 

3.  For  the  purpose  of  punishment,  as  well  as  support,  and  most 
useful  in  cases  where  extradition  is  desired,  is  the  Act  of  1903  making 
the  desertion  of  wife,  child  or  children,  leaving  them  destitute  or  depend- 
ent wholly  or  in  part  on  their  earnings  for  adequate  support,  by  the 
husband  or  father,  a  misdemeanor. 

4.  In  Pennsylvania  alimony  does  not  accompany  divorce  from  the 
bonds  of  matrimony,  but  in  the  case  of  a  legal  separation,  known  as  a 
divorce  from  bed  and  board,  alimony  is  allowed  to  the  wife. 

5.  In  order  to  obtain  support  from  the  father  of  an  illegitimate 
child,  such  father  must  be  convicted  of  fornication  and  bastardy  under 
the  Act  of  i860.  The  court  is  then  empowered,  as  part  of  its  sentence, 
to  order  the  father  to  pay  the  lying-in  expenses  and  such  support  as  the 
court  may  fix,  and  to  require  a  bond  to  obey  the  order. 

6.  When  a  child  is  before  the  Juvenile  Court,  the  Juvenile  Court 
Act  of  1903  empowers  that  Court  to  make  and  enforce  an  order  of 
support  against  the  parent  or  parents  of  such  child. 

(24) 


DESERTION  AND  NON-SUPPORT.  25 

7.  Under  the  Act  of  May  31,  1905,  P.  L.  331,  whenever  a  child  is 
placed,  at  the  county's  expense,  in  the  care  of  any  person,  it  is  provided 
that  if  at  any  time  the  parents  or  other  relatives  become  able  to  repay 
the  county  and  to  pay  support,  the  county  may  go  into  court  and  obtain 
an  order  for  such  payment,  and  may  enforce  the  same. 

8.  The  supplement  to  the  Poor  Law  known  as  the  Act  of  April  6, 
1905,  P.  L.  112,  makes  the  husband,  the  wife,  the  father,  the  mother,  and 
the  children  of  every  poor  person  liable  for  the  support  of  such  poor 
person.  It  is  said  that  this  law  repealed  by  implication  the  section  of 
the  Act  of  June  13,  1836,  which  is  in  nearly  the  same  words,  but  as  the 
latter  act  included  also  grandparents  and  grandchildren,  it  was  probably 
not  repealed  as  to  them,  but  is  still  in  force. 

9.  A  wife  may  maintain  a  civil  suit,  either  in  law  or  equity,  against 
her  husband  for  maintenance  under  the  Act  of  1907,  and  may  collect  her 
judgment  or  decree  out  of  any  property,  real  or  personal,  that  she  can 
find ;  and  this,  whether  the  husband  is  within  the  county  so  he  may  be 
personally  served  or  not. 

10.  Under  the  common  law,  any  person  may  furnish  necessaries  to 
a  wife  or  minor  child,  and  may  sue  and  collect  their  value  from  the 
husband  or  father. 

11.  In  addition  to  the  above,  there  are  several  miscellaneous  pro- 
visions of  the  Poor  Law  by  which  support  may  be  obtained  in  certain 
cases. 

1.    THE  NON-SUPPORT  ACT  OF  1867. 

The  Act  of  April  13,  1867,  P.  L.  78  (Desertion,  15,  16,  17  and  18) , 
as  amended,  supplemented  and  amplified  by  the  Acts  of  April  15,  1869, 
P.  L.  75  (Desertion,  19),  March  5,  1907,  P.  L.  6;  April  27,  1909,  P.  L. 
260;  April  15,  1913,  P.  L.  72;  June  11,  1913,  P.  L.  468,  and  June  12,  1913, 
P.  L.  502,  forms  one  of  the  most  excellent  systems  for  compelling  a 
husband  and  father  to  furnish  support  for  his  wife  and  children  that  is 
possessed  by  any  State.  As  interpreted  and  practiced  by  the  courts  it 
is  as  broad,  untechnical  and  certain  in  its  operation  as  such  a  law  can 
well  be.  Failure  in  any  case  to  secure  justice  cannot  properly  be  laid 
to  the  law,  but.  when  it  occurs,  is  most  often  due  to  the  inadequately 
developed  sense  of  social  justice  on  the  part  of  the  judge  who  happens 
to  be  enforcing  the  law.  By  the  Act  of  May  5,  191 1,  P.  L.  198,  exclusive 
jurisdiction  under  this  act  in  Allegheny  County  is  placed  in  the  County 
Court  of  that  County,  and  by  the  Act  of  July  12,  1913,  P.  L.  711,  exclusive 
jurisdiction  under  the  act  in  Philadelphia  County  is  in  the  Municipal 
Court  of  that  County.  This  exclusive  jurisdiction  for  the  County  Court 
of  Allegheny  County  was  sustained  as  constitutional  by  the  Superior 
Court  in  the  case  of  Com.  v.  Hopkins,  53  Pa.  Super.  Ct.  16,  and  by 
the  Supreme  Court  on  appeal  in  the  same  case,  reported  in  241  Pa.  213. 
In  the  other  counties  of  the  State  the  jurisdiction  remains  in  the  Court  of 
Quarter  Sessions  of  the  Peace. 

The  operation  of  the  law  is  very  simple.  An  information  is  made 
by  the  wife,  or  by  another  person,  before  some  magistrate,  alderman  or 
justice  of  the  peace,  who  issues  a  warrant  to  a  constable  or  other  officer. 


26  SOCIAL   LAWS    OF    PENNSYLVANIA. 

The  defendant  is  thereupon  arrested  by  the  officer  and  taken  before  the 
magistrate,  alderman  or  justice  of  the  peace  who  issued  the  warrant  and 
held  for  court  without  hearing,  bail  being  taken  or,  in  default  thereof,  the 
defendant  committed  to  jail.  The  arrest  may  be  made  in  any  county  of 
the  State  under  the  Act  of  May  2,  1899,  P.  L.  173  (Criminal  Procedure, 
3).  The  defendant  is  entitled  to  be  taken  before  the  nearest  magistrate, 
alderman  or  justice  of  the  peace  if  he  wants  to  give  bail  for  court,  but  if 
this  privilege  is  not  exercised  he  is  brought  before  the  one  issuing  the 
warrant. 

The  defendant  having  given  bail  for  court  or  been  committed  for 
want  thereof,  the  information,  warrant  and  proceedings  thereon  are  filed 
"immediately"  with  the  clerk  of  the  court  having  jurisdiction,  and  a  time 
for  hearing  is  thereafter  fixed  by  that  court,  usually  within  a  very  few 
days.  Notice  of  the  time  set  is  sent  to  the  officer  in  the  case  and  he  then 
subpoenas  the  wife  and  the  witnesses  and  notifies  the  defendant. 

There  is  no  indictment  nor  grand  jury  hearing  under  the  law,  nor  is 
there  any  jury  at  the  court  hearing. 

On  the  day  set  for  the  hearing,  the  parties  and  their  witnesses 
simply  appear  before  the  judge,  either  with  or  without  attorney,  and  the 
case  is  heard.  The  court  can  then  make  an  order  of  support,  specifying 
the  amount  per  week  or  month  which  the  defendant  must  pay,  and  the 
person  to  whom  it  must  be  paid.  This  may  be  the  wife  herself,  or  it  may 
be  a  desertion  probation  officer,  some  charitable  organization  or  institu- 
tion, or  any  other  person  or  persons,  who  may  be  designated  to  receive 
the  money  and  use  it  for  or  turn  it  over  to  the  wife  and  children.  In 
Philadelphia,  the  Department  of  Charities  collects  in  this  way  more  than 
$250,000  a  year,  and  in  Allegheny  County  the  same  work  is  in  charge  of 
the  Probation  Officer,  who  is  collecting  about  $125,000  a  year. 

In  order  to  enforce  compliance  with  the  order,  the  court  may  require 
a  bond  with  good  and  sufficient  sureties  in  such  sum  as  may  be  named, 
and  commit  the  defendant  to  prison  until  such  bond  is  furnished ;  or  the 
court  may  allow  a  man  to  go  on  his  own  recognizance  on  probation  under 
such  conditions  as  the  court  may  fix. 

Until  the  Act  of  June  12,  1913,  P.  L.  502,  was  passed  the  courts 
were  without  sufficient  power  to  enforce  their  orders.  All  that  could  be 
done  was  to  hold  a  man  in  jail.  Under  that  act  a  man  may  now  be  com- 
mitted by  the  court  either  for  want  of  a  bond  with  surety,  or  for  con- 
tempt in  failing  to  pay  in  accordance  with  an  order  previously  made,  at 
hard  labor  in  some  penal  or  reformatory  institution ;  and  such  institution 
shall  pay  for  his  labor,  as  part  of  its  general  running  expenses,  the  sum 
of  sixty-five  cents  a  day  for  the  support  of  his  wife  and  family.  Such 
imprisonment  may  be  continued,  at  the  discretion  of  the  court,  until  tthe 
defendant  gives  bond  or  until  the  wife  dies  or  the  children  come  of  age 
and  so  are  self-supporting.  Such  an  extensive  power  in  the  hands  of 
the  court  has  been  found  necessary  in  order  to  meet  the  evil  and  there  is 
little  danger  that  it  will  be  abused.  The  danger  is,  rather,  that  the  courts 
will  exercise  their  power  too  sparingly. 

Under  the  amendment  of  April  15,  1913,  P.  L.  J2,  an  order  of 
support  may  be  collected   from  any  money  or  property  to  which  the 


DESERTION  AND  NON-SUPPORT.  27 

husband  may  be  entitled,  including  any  spendthrift  trust,  by  the  issuing 
of  a  writ  of  execution  attachment  or  other  appropriate  writ.  This 
amendment  is  very  broad  in  its  terms  and  it  is  probable  that  under  it 
wages  owing  any  defendant  can  be  attached.  This  has  been  so  held  by 
the  County  Court  of  Allegheny  County,  which  has  held  also  that  wages 
owing  by  a  municipality  to  its  employee  may  be  attached,  although  money 
in  the  hands  of  a  municipality  is  not  ordinarily  attachable  in  payment  of 
judgment  debts.  It  is  to  be  hoped  that  these  decisions  will  be  sustained  by 
the  higher  courts. 

Under  the  supplement  of  June  11,  1913,  P.  L.  468,  real  estate  held 
jointly  by  husband  and  wife,  known  as  an  estate  by  entireties,  may  be 
sold  on  execution  issued  out  of  the  court  which  has  made  an  order  of 
support,  and  the  money  derived  from  such  sale  shall  be  equally  divided 
between  husband  and  wife.  This  law  enables  a  wife  to  realize  upon  her 
interest  in  such  property  without  her  husband's  signature  to  a  deed  in 
cases  where  he  fails  to  furnish  adequate  support  for  her  and  their 
children. 

2.    AGED  PARENTS. 

Under  the  Act  of  June  25,  1895,  P.  L.  269  (Desertion,  10  to  14), 
parents  unable  to  work  or  not  of  sufficient  ability  to  maintain  themselves 
may  force  their  children  of  full  age,  being  of  sufficient  ability,  to  furnish 
support  in  exactly  the  same  way,  and  in  the  same  courts,  as  wives  and 
children  may  force  their  husband  or  father  under  the  Act  of  1867,  as 
above  set  forth.  The  only  differences  from  the  law  as  above  set  forth 
are  as  follows : 

(1)  The  amount  of  the  order  is  limited  to  fifty  dollars  a  month. 

(2)  No  proceedings  may  be  had  against  any  property  of  the  defend- 
ant, either  real  or  personal,  to  force  compliance  with  the  order,  unless 
possibly  suit  is  brought  on  the  bond  given. 

All  other  features  of  the  wife  desertion  law  apply  to  this  law,  includ- 
ing the  hard  labor  provision  with  sixty-five  cents  a  day  payable  to  the 
parent,  or  as  the  court  shall  order. 

3.    MISDEMEANOR  ACT  OF  1903. 

f 

Under  the  Act  of  March  13,  1903,  P.  L.  26  (Desertion,  20  to  22),  it 
is  a  misdemeanor  punishable  by  one  year's  imprisonment  and  $100  fine 
"if  any  husband  or  father,  being  within  the  limits  of  this  commonwealth, 
shall  hereafter  separate  himself  from  his  wife  or  from  his  children,  or 
from  wife  and  children,  without  reasonable  cause,  and  shall  wilfully 
neglect  to  maintain  his  wife  or  children,  such  wife  or  children  being 
destitute,  or  being  dependent  wholly  or  in  part  on  their  earnings  for 
adequate  support,"  by  "children"  being  meant  only  those  under  sixteen 
and  those  between  sixteen  and  twenty-one  who,  by  reason  of  infirmity, 
are  incapable  of  supporting  themselves. 

This  is  an  ordinary  criminal  statute,  and  the  procedure  under  it  is 
exactly  the  same  as  the  procedure  under  any  other  criminal  statute,  at 
least  up  to  the  point  of  sentence  after  conviction.    There  must  be  grand 


28  SOCIAL   LAWS    OF    PENNSYLVANIA. 

jury  indictment  and  jury  trial  unless  a  plea  of  guilty  or  nolo  contendere 
is  entered. 

At  the  time  of  sentence,  however,  the  court  may  make  an  order  of 
support  and  suspend  sentence  and  release  the  defendant,  upon  his  giving 
bond,  with  or  without  surety  in  the  discretion  of  the  court,  during  his 
compliance  with  the  order  of  support. 

This  law,  being  cumbersome  and  rather  technical,  is  practically  never 
used  except  in  extradition  cases  where  it  is  desired  to  bring  a  defendant 
back  from  another  state.     (See  Extradition.) 

4.    ALIMONY. 

Under  the  divorce  acts  of  Feb.  26,  1817,  6  Sm.  L.  405,  and  April  11, 
1862,  P.  L.  430  (Divorce,  15  and  16),  a  wife  can  get  a  divorce  from  bed 
and  board  on  the  grounds  of  (1)  malicious  desertion,  (2)  cruel  and 
barbarous  treatment  endangering  her  life,  (3)  indignities  to  person  or 
(4)  adultery.  In  granting  such  a  divorce,  the  court  of  common  pleas 
may  allow  the  wife  "such  alimony  as  her  husband's  circumstances  will 
admit  of,  so  as  the  same  do  not  exceed  the  third  part  of  the  annual  profit 
or  income  of  his  estate  or  of  his  occupation  and  labor."  It  is  also 
provided  that  he  must  return  one  half  of  all  the  estate  she  brought  him 
upon  her  marriage. 

By  the  Act  of  April  15,  1845,  P-  L.  455  (Divorce  40  and  41),  a  decree 
for  alimony  is  entered  as  a  judgment  and  becomes  a  lien  on  the  real 
estate  of  the  husband  in  the  county.  Any  kind  of  an  execution  can  be 
issued  for  any  sum  in  arrears,  in  the  same  way  as  upon  a  judgment.  In 
cases  where  this  lien  on  real  estate  is  not  deemed  sufficient  by  the  court 
and  proof  is  made  that  the  husband  "is  possessed  of  sufficient  estate,"  the 
court  may  require  security  to  be  given  that  the  decree  will  be  obeyed. 

It  is  also  provided  in  the  same  act  that  the  courts  may  enforce  their 
decrees  by  attachment,  "on  the  return  of  which  they  may  make  such 
order,  either  to  imprison  or  discharge  the  defendant,  as  the  facts  of  the 
case  may  justify." 

This  method  of  obtaining  support  would  be  more  useful  if  the  court 
procedure  under  it  were  quicker.  The  courts  can  control  the  practice  by 
rule  of  court,  and  they  should  draw  a  distinction  between  divorces  from 
the  bonds  of  matrimony,  which  should  not  be  granted  too  quickly,  and 
divorces  from  bed  and  board,  which  should  proceed  with  the  utmost 
dispatch  in  order  to  be  a  useful  remedy  for  the  wronged  wife. 

5.     ILLEGITIMATE  CHILDREN. 

In  order  to  obtain  support  for  an  illegitimate  child  from  the  father 
of  such  child,  it  is  necessary  to  bring  a  prosecution  under  the  fornication 
and  bastardy  law  of  March  31,  i860,  P.  L.  382,  §§  37  and  38  (Crimes, 
161  and  162),  which  law  provides  the  penalty  of  a  fine  of  $100  for 
"any  person"  convicted  of  fornication,  and  the  birth  of  a  child  to  a  single 
or  unmarried  woman  is  sufficient  to  convict  her.  The  man  charged  by  her 
to  be  the  father  shall  be  the  reputed  father  of  such  child,  and  upon 
conviction  shall  be  sentenced,  in  addition  to  the  fine,  to  pay  the  expenses 


DESERTION  AND  NON-SUPPORT.  29 

incurred  at  the  birth  of  the  child,  and  to  give  security,  in  such  sum  as  the 
court  shall  direct,  to  pay  such  sum  for  the  child's  maintenance  as  the 
court  shall  order. 

These  proceedings  must  be  begun  in  the  county  where  the  child  was 
born ;  but  if  begun  before  birth,  then  in  the  county  where  the  fornication 
took  place  and  the  child  was  begotten.  The  statute  of  limitations  of  two 
years  applies  to  this  proceeding,  and,  if  the  defendant  remains  a  resident 
of  Pennsylvania,  there  must  be  an  indictment  by  the  grand  jury  within 
two  years,  not  from  the  birth  of  the  bastard  child,  but  from  the  act  of 
fornication  at  which  it  was  begotten.  If  the  reputed  father  becomes  a 
non-resident  of  the  State  within  the  two  years,  the  Statute  of  Limitations, 
being  §  77  of  the  Act  of  March  31,  i860,  P.  L.  427  (Limitation  of 
Actions,  21),  does  not  run  during  the  period  of  such  non- residence. 

The  amount  and  duration  of  the  order  of  maintenance  is  wholly  at 
the  discretion  of  the  court.  A  custom  obtains  in  many  counties  to  limit 
the  order  to  five  or  seven  years  in  duration,  the  amount  being  variable 
depending  on  the  circumstances  of  the  reputed  father,  sometimes  even 
being  as  small  as  $1.50  or  $2  a  week. 

The  court  has  jurisdiction  to  hold  the  defendant  in  jail  if  he  fails  to 
give  a  bond  to  pay  such  sum  as  the  court  may  order,  but  this  imprison- 
ment can  only  be  for  three  months  because  the  defendant  can  be  released 
at  the  end  of  that  period  under  the  Insolvency  Law  of  June  16,  1836, 
P.  L.  729  (Insolvency  93).  Such  a  proceeding  entirely  relieves  the 
defendant  of  all  payments  due  up  to  that  time,  and  he  is  allowed  to  go 
free  without  a  bond.  While  he  is  not  relieved  from  making  subsequent 
payments,  and  after  acquired  property  may  be  attached,  still  there  is 
no  doubt  that  the  effectiveness  of  the  bastardy  law  is  very  much  weakened 
by  the  operation  of  the  insolvency  laws. 

The  Act  of  June  7,  1907,  P.  L.  429  (Criminal  Procedure  155  a  to  f), 
furnishes  a  simple  and  effective  method  of  collecting  fornication  and 
bastardy  orders  out  of  any  property,  wages  or  salaries  owed  to  or  owned 
by  the  defendant.  A  certified  copy  of  the  order  is  filed  in  the  prothon- 
otary's  office  and  the  order  thereupon  becomes  a  judgment  upon  which 
executions  may  be  issued  from  time  to  time.  The  defendant  is  not  entitled 
to  the  benefit  of  any  exemption  laws,  and  his  wages  may  be  attached. 

Whether  the  reputed  father  is  further  liable  for  support  of  the  child 
under  the  Non- Support  Act  of  1867,  after  conviction  under  the  Bastardy 
Law,  is  a  question  not  yet  satisfactorily  decided  by  the  courts.  There  are 
reasons  for  holding  that  the  court  has  jurisdiction  and  can  make  an  order 
in  such  a  case. 

If,  however,  the  parents  of  an  illegitimate  child  marry  at  any  time, 
no  matter  how  long  after  the  birth  of  the  child,  such  child  thereby 
becomes  "legitimated,"  under  the  Act  of  May  14,  1857,  P.  L.  507 
(Marriage  11),  and  shall  enjoy  all  the  rights  and  privileges  as  if  born  in 
lawful  wedlock. 

6.  SUPPORT  BY  ORDER  OF  THE  JUVENILE  COURT. 

Section  four  of  the  Juvenile  Court  Act  of  1903,  as  amended  by  the 
Act  of  June  15,  191 1,  P.  L.  959,  empowers  the  judge  hearing  a  case  in 


30  SOCIAL    LAWS    OF    PENNSYLVANIA. 

Juvenile  Court  (now  held  by  the  Municipal  Court  in  Philadelphia)  "to 
make  an  order  upon  the  parent  or  parents  of  any  such  child  to  contribute 
to  the  support  of  the  child  such  sum  as  the  court  may  determine."  It  is 
further  provided  that  such  cases  may  be  referred  to  desertion  probation 
officers  and  the  orders  enforced  in  the  same  way  as  orders  made  under 
the  Act  of  1867  (See  1,  above)  are  or  may  be  enforced.  This  includes 
the  power  to  enforce  the  order  under  the  Act  of  June  12,  1913,  P.  L.  502, 
by  imprisoning  the  parent  at  hard  labor  and  paying  the  wages  of  sixty-five 
cents  a  day  toward  the  child's  support. 

By  the  Act  of  July  12,  1913,  P.  L.  711,  exclusive  jurisdiction  of 
Juvenile  Court  cases  in  Philadelphia  County  is  vested  in  the  Municipal 
Court,  which  also  has  exclusive  jurisdiction  of  non-support  cases. 

7.    WHERE  THE  COUNTY  HAS  SUPPORTED,  UNDER  AN 

ORDER  OF  COURT. 

The  Act  of  May  31,  1907,  P.  L.  331  (Juveniles,  11a),  provides  that 
whenever  any  indigent  or  dependent  child  shall  be  committed  by  any 
judge  "or  other  competent  authority"  to  the  care  of  any  person  or  family, 
the  expenses  and  cost  of  maintenance  (not  exceeding  the  cost  in  the 
house  of  refuge  or  other  public  institution  of  such  county)  shall  be  paid 
by  the  proper  county.  "Provided,  however,  That  if  at  any  time  the 
parents  or  other  relatives  of  such  child  shall  become  able  to  pay  such  costs, 
or  to  refund  the  money  already  paid,  the  said  county  may  apply  for  and 
obtain  an  order  for  the  payment  thereof,  and  enforce  the  same,  in  the 
same  court,  and  in  the  same  manner  as  is  or  may  be  provided  by  law  for 
compelling  the  maintenance  and  support  of  deserted  wives  and  children." 

This  act  gives  the  county  the  right  in  such  cases  to  sue  the  parents 
not  only  for  future  support  but  also  for  past  support  in  the  method 
provided  by  the  Act  of  1867,  above. 

The  Act  of  May  8,  19 13,  P.  L.  177,  provides  that  a  county  which  has 
been  ordered  by  court  to  pay  the  maintenance  of  any  child  to  any  person 
or  society  shall  be  liable  to  such  person  or  society ;  and  the  county  shall 
have  full  recourse  to  recover  such  payments  from  the  persons  or  poor 
districts  properly  charged  therewith  under  the  law. 

8.     GRANDPARENTS  AND  GRANDCHILDREN. 

The  Act  of  April  6,  1905,  §  4,  P.  L.  112  (Desertion  2),  is  in  prac- 
tically the  same  words  as  the  Act  of  June  13,  1836,  §  28,  P.  L.  539,  except 
that  grandparents  and  grandchildren  are  not  included  in  the  Act  of  1905, 
but  only  the  husband,  the  wife,  the  father,  the  mother  and  the  children 
"of  every  poor  person"  are  specified.  It  is  thought  by  some  that  the 
Act  of  1905  repeals  by  implication  the  Act  of  1836,  but  as  support  from 
all  the  persons  specified  in  the  Act  of  1905  (except  from  a  wife  for  her 
husband,  and  also  except  from  parents  for  their  children  of  full  age,  both 
of  which  are  relatively  unimportant)  may  be  more  efficiently  obtained 
under  other  laws,  it  would  be  unfortunate  if  there  were  such  a  repeal. 
The  Act  of  1905  does  not  in  terms  repeal  the  Act  of  1836;  but  it  is  only 
"by  implication,"  if  at  all.    There  is  nothing  inconsistent  in  the  two  laws, 


DESERTION  AND  NON-SUPPORT.  31 

and  they  can  well  stand  together.  Assuming  that  the  Act  of  1836  is  still  in 
force,  it  will  be  explained  in  the  light  of  the  decisions  construing  it,  all 
of  which  apply  also  to  the  Act  of  1905,  except  those  involving  grand- 
parents and  grandchildren. 

The  Act  of  June  13,  1836,  §  28,  P.  L.  539,  provides  that  "the  father 
and  grandfather,  and  the  mother  and  grandmother,  and  the  children  and 
grandchildren,  of  every  poor  person  not  able  to  work,  shall,  at  their  own 
charge,  being  of  sufficient  ability,  relieve  and  maintain  such  poor  person, 
at  such  rate  as  the  court  of  quarter  sessions  of  the  county  where  such 
poor  person  resides  shall  order  and  direct,  on  pain  of  forfeiting  a  sum 
not  exceeding  $20  for  every  month  they  shall  fail  therein,  which  shall  be 
levied  by  the  process  of  the  said  court,  and  applied  to  the  relief  and 
maintenance  of  such  poor  person." 

By  the  Act  of  April  15,  1857,  P.  L.  191  (Desertion  9),  courts  of 
quarter  sessions  shall  make  orders  "either  upon  the  petition  of  the  over- 
seers of  the  poor,  or  of  any  other  person  or  persons  having  an  interest  in 
the  support  of  said  poor  person  or  persons,  and  either  with  or  without 
an  order  of  relief  having  been  first  obtained." 

Under  this  act  it  has  been  held,  among  other  things,  as  follows : 

A  grandson  is  liable,  even  if  there  are  sons  and  other  grandsons 
who  do  not  contribute.    Hadsall's  Case  (1884),  3  Kulp.  129. 

A  grandparent  is  not  liable  for  the  support  of  an  illegitimate  grand- 
child.   Poor  Directors  v.  Hickman  (1895) ),  4  D.  R.  494. 

A  petition  need  only  aver  that  the  defendant  is  "of  sufficient  ability," 
etc.,  in  the  words  of  the  act;  the  property  and  income  of  the  defendant 
need  not  be  set  out.    Overseers  v.  Knisely  (1901),  17  Pa.  Super.  Ct.  415. 

"We  define  'sufficient  ability'  to  be  the  power  of  rendering  adequate 
support  of  the  pauper  after  supporting  himself  and  family,  and  paying 
his  taxes."    Overseers  v.  Krickbaum,  (1879),  8  Luz.  L.  R.  127. 

The  words  of  the  act  presupposes  some  estate  in  the  defendant,  and 
not  a  condition  of  support  by  daily  manual  labor.  Comm.  v.  Miller 
(1890),  8  Pa.  C.  C.  525. 

The  petitioners  must  allege  and  prove  an  "interest"  in  the  support  of 
the  poor  person.  But  "the  act  is  silent  as  to  the  kind  or  extent  of  the 
interest."    James's  Case  (1887),  116  Pa.  152. 

_The   poor  person   himself  may   petition,   as   he  has   an   "interest." 
O'Connor's  Appeal  (1883),  104  Pa.  437. 

The  court  may  make  orders  for  past  as  well  as  future  maintenance. 
Poor  Dir.  v.  Schultz  (1885),  2  Del-  Co-  429J  Poor  Dist.  v.  Hufford 
(1896),  8  Kulp.  202. 

The  court  can  order  funeral  expenses  to  be  paid  under  this  act. 
Robert's  Est.  (1887),  2  Pa.  C.  C.  647. 

The  court  may  make  orders  against  several  persons  liable  according 
to  their  ability,  and  may  refuse  the  petition  as  to  others.    Hadsall's  Case 

(1884),  3  Kulp.  129.  .  . 

The  act  does  not  authorize  the  Court  to  require  security.  Dierkes  v. 
Phila.  (1880),  93  Pa.  270. 

A  father  is  liable  for  support  of  his  son  over  21  years  of  age,  who 
becomes  unable  through  sickness  to  support  himself.  Comm.  v.  Ulrick 
(1905),  14  D.  R.  713. 


32  SOCIAL    LAWS    OF    PENNSYLVANIA. 

It  is  no  defense  for  one  who  has  ample  property  that  the  poor  person 
used  improper  and  slanderous  language  concerning  him.  Comm.  v.  Red- 
man (1905),  18  York  163. 

The  court  cannot  make  an  order  exceeding  $20  a  month.  Comm.  v. 
Ulrick  (1905),  14  D.  R.  713. 

There  can  be  no  warrant  of  arrest  or  binding  over  to  answer  to  the 
criminal  court;  the  proper  procedure  is  by  petition  and  answer.  Comm. 
v.  Spaar  (1899),  8  D.  R.  380,  22  Pa.  C.  C.  406. 

There  is  no  common  law  liability  for  the  support  of  relatives,  and 
the  only  relatives  who  can  be  held  liable  are  those  enumerated  in 
the  Act  of  1836,  §  28.  Hence  a  brother  is  not  liable  for  the  support  of  his 
sister.    Comm.  v.  Neese  (1906),  15  D.  R.  87. 

An  order  may  be  made  for  past  maintenance ;  but  no  order  may  be 
made  for  costs  or  counsel  fees.  Overseers  v.  Schrawder  (1905),  31  Pa. 
C  C.  546. 

Several  other  cases  hold  that  there  can  be  no  imprisonment  under 
these  acts,  but  they  are  probably  now  obsolete.  The  Act  of  June  15,  191 1, 
P.  L.  973,  provides  that  where  such  an  order  has  not  been  complied  with 
for  thirty  days,  the  court  may  issue  an  attachment,  and,  if  it  appears 
that  the  defendant  has  wilfully  neglected  to  obey  the  order,  may  adjudge 
him  in  contempt  and  sentence  him  to  jail  for  six  months. 

9.     CIVIL  SUIT  FOR  MAINTENANCE. 

Under  the  Act  of  May  23,  1907,  P.  L.  227,  as  amended  by  the  Act  of 
April  27,  1909,  P.  L.  182,  and  the  Act  of  July  21,  1913,  P.  L.  867,  a 
deserted  wife  may  sue  her  husband,  at  law  or  in  equity,  for  maintenance, 
and  if  his  whereabouts  are  unknown  she  may  proceed  against  his  proprty, 
and  the  court  may  direct  a  seizure  and  sale,  or  mortgage,  of  sufficient  of 
the  same  to  provide  the  necessary  funds  for  such  maintenance,  and  ser- 
vice shall  be  made  by  advertisement  in  the  usual  way  in  equity  proceed- 
ings involving  property  within  the  court's  jurisdition. 

The  intent  of  this  law  is  good,  but  its  wording  is  defective,  making 
its  exact  meaning  ambiguous.  This  uncertainty  has  been  increased, 
rather  than  diminished,  by  several  court  decisions.  The  intent  of  the  law 
undoubtedly  was  that  suits  could  be  brought,  and  if  personal  service  could 
not  be  had,  then  service  by  publication  could  be  substituted,  and  the 
decree  of  support  could  be  enforced  by  the  seizure  and  sale  of  any 
property.  But  the  courts  have  held  that  the  act  provides  for  two  distinct 
methods,  one  by  suit  enforceable  by  ordinary  writ  of  execution  against 
property  as  well  as  a  proceeding  for  contempt  against  the  husband's 
person,  if  the  case  is  in  equity,  and  the  other  in  those  cases  where  the 
whereabouts  of  the  husband  is  unknown  by  suit  against  the  property 
and  asking  for  its  seizure  and  sale.  See  the  case  of  Erdner  v.  Erdner 
(1912),  234  Pa.  500. 

The  same  case  also  throws  restrictions  around  the  power  of  the  court 
to  appoint  a  receiver  to  take  charge  of  the  husband's  property  as  a  means 
of  enforcing  the  decree. 

It  is  certain  that  a  wife,  and  probably  children  also,  should  have  a 
right  of  action  civilly  for  maintenance,  but  the  above  act  is  unsatisfactory 


DESERTION  AND  NON-SUPPORT.  33 

and  should  be  replaced  with  a  more  carefully  drawn  one,  which  should 
be  fuller  and  more  explicit  and  comprehensive  in  its  provisions. 

10.     AT  COMMON  LAW. 

At  common  law  it  is  the  primary  duty  of  a  husband  to  support  his 
wife  and  children.  But  as  a  wife  could  not  sue  her  husband  and  children 
could  not  sue  anybody,  except  by  next  friend  or  guardian,  the  common 
law  provides  no  means  of  enforcing  the  duty  directly.  When,  however, 
a  wife  or  children  purchased  necessaries  from  a  third  person,  the  common 
law  allowed  the  third  person  to  sue  the  husband  for  their  value  and  to 
collect  his  judgment  out  of  the  husband's  property. 

This  right,  however,  was  confined  to  "necessaries,"  and  the  third 
person  had  to  take  his  chances  of  proving  that  the  articles  furnished  were 
really  "necessaries"  in  accordance  with  the  means  and  ability  of  the 
husband.  He  also  had  to  take  his  chances  of  being  able  to  find  property 
out  of  which  to  collect  even  after  he  got  his  judgment. 

The  usefulness  of  this  remedy  was,  therefore,  greatly  restricted; 
but  it  is  nevertheless  frequently  used  and  in  many  cases  is  very  valuable. 

ii.    MISCELLANEOUS  PROVISIONS  OF  THE  POOR  LAW. 

(i)  The  principal  sections  of  the  Poor  Law  that  apply  to  desertion 
cases  are  found  in  the  Act  of  June  13,  1836,  P.  L.  539  (Desertion  6,  7  and 
8),  being  sections  29,  30  and  31  of  that  act.  It  is  there  provided  that  if 
any  husband  shall  desert  his  wife  or  any  parent  shall  desert  his  or  her 
children,  leaving  them  a  charge  upon  the  district,  the  overseers  of  the 
poor  may  make  complaint  before  any  two  magistrates  (in  Philadelphia 
by  the  Act  of  April  14,  1853,  P.  L.  418,  one  magistrate)  and  the  latter 
may  issue  their  warrant  authorizing  the  overseers  to  take  and  seize  so 
much  of  the  personal  property  and  rents  of  the  deserter  as  the  magis- 
trates shall  think  sufficient;  but  if  sufficient  property  cannot  be  found, 
then  to  arrest  the  defendant  and  bring  him  or  her  before  them  or  one 
of  them  at  a  time  specified.  At  that  time  the  magistrate  may  require 
bail  for  the  defendant's  appearance  in  the  court  of  quarter  sessions,  and 
in  default  thereof  to  commit  the  defendant  to  jail. 

The  court  of  quarter  sessions  may  then  make  an  order  of  support 
and  authorize  the  overseers  to  sell  the  property  seized,  or  collect  the 
rents,  and  apply  the  proceeds  to  the  support  of  the  deserted  wife  or 
children.  If  there  is  no  property,  then  security  may  be  required,  and  the 
defendant  committed  to  jail  in  default  thereof. 

Until  the  Act  of  1867,  this  was  the  usual  desertion  law  in  Pennsyl- 
vania. Proceedings  under  it  had  to  be  begun  by  the  overseers  of  the 
poor,  and,  except  in  Philadelphia,  before  two  magistrates.  These  features, 
with  the  further  one  requiring  proof  of  no  property  before  an  arrest 
could  be  made,  made  the  law  very  cumbersome  in  practice,  so  that  its  use 
was  largely  discontinued  after  the  Act  of  1867  was  passed.  It  is  still 
occasionally  used  by  overseers  of  the  poor  in  order  to  seize  property  of 
the  defendant.  But  when  an  arrest  is  desired,  the  newer  act  is  generally 
used. 


34  SOCIAL    LAWS    OF    PENNSYLVANIA. 

This  law  is  practically  the  only  one  applicable  to  one  class  of  cases, 
namely,  the  support  of  a  child  by  the  mother,  both  legitimate  and  illegiti- 
mate. When  such  a  proceeding  is  desirable,  the  case  must  be  brought  to 
the  attention  of  the  poor  authorities  and  proceedings  brought  in  their 
name. 

(2)  The  Act  of  March  29,  1803,  4  Smith's  Laws  65  (Desertion  1), 
which  applies  to  Philadelphia  only,  makes  the  father  and  grandfather, 
the  mother  and  grandmother  and  the  children  and  grandchildren  of 
every  poor,  old,  blind,  lame  or  impotent  person  liable  for  such  person's 
support  to  the  extent  of  seven  dollars  a  month,  orders  to  be  made  by  the 
mayor's  court  or  the  court  of  Quarter  Sessions. 

(3)  The  Act  of  March  31,  1812,  5  Smith's  Laws  392,  §  5  (Desertion 
4),  makes  every  husband  in  Philadelphia  who  receives  property  from 
his  wife  liable  for  the  support  of  some  of  her  relatives,  including  her 
father  and  grandfather,  mother  and  grandmother  and  children  and  grand- 
children, to  the  extent  of  seven  dollars  a  month. 

As  a  husband  does  not  receive  any  of  his  wife's  property  since  the 
passage  of  the  married  women's  property  acts,  until  after  her  death,  this 
law  is  largely  obsolete,  but  probably  is  still  in  force  in  cases  where  the 
wife  has  died  leaving  property  held  by  the  husband. 

(4)  Under  §  6  of  the  same  act  (Desertion  5),  applying  to  Phila- 
delphia, the  property  of  any  husband  deserting  his  wife  or  any  parent 
deserting  his  or  her  child  can  be  seized,  under  court  order,  by  the 
guardians  of  the  poor  and  applied  to  the  support  of  the  deserted  wife 
or  child.  In  case  there  is  no  property,  the  husband  or  parent  may  be 
arrested  and  forced  to  give  bond  to  pay  such  support  as  the  court  may 
order. 

The  Supreme  Court  has  held  that  these  provisions,  applying  to  Phila- 
delphia only,  were  not  repealed  by  the  general  poor  law  Act  of  1836, 
above  given,  but  that  they  are  still  in  force. 

For  the  City  of  Pittsburgh,  the  special  Act  of  April  11,  1848,  P.  L. 
532,  empowers  the  guardians  of  the  poor  (whose  powers  are  now  vested 
in  the  Department  of  Charities)  to  issue  a  warrant  in  their  own  name,  on 
complaint  of  any  citizen,  directing  the  sheriff  or  any  constable  to  take 
and  seize  so  much  of  the  goods  and  chattels,  and  receive  so  much  of  the 
rents  and  profits  of  the  real  estate  of  any  man  who  shall  separate  himsef 
from  his  wife  without  reasonable  cause,  or  of  any  man  or  woman  who 
shall  desert  his  or  her  children,  leaving  them  a  charge  on  the  city  as  shall 
be  sufficient  to  provide  for  such  wife  or  children,  which  sum  shall  be  speci- 
fied in  the  warrant.  The  act  further  provides  that  if  sufficient  real  or 
personal  estate  cannot  be  found,  then  the  body  of  such  man  or  woman 
shall  be  taken,  and  he  or  she  shall  be  brought  before  the  guardians  at  a 
time  to  be  specified.  The  guardians  are  then  authorized  to  proceed  in  the 
same  manner  as  magistrates  may  proceed  under  the  Act  of  June  13, 
1836,  P.  L.  539  (Desertion  6,  7  and  8),  as  above  given. 


CHAPTER  IV. 
POOR  LAW. 


PAGE 


i.  State  Board  of  Public  Charities 35 

2.  Visitors   to  Institutions 36 

3.  Poor  Districts 37 

4.  Poor  Relief 37 

5.  Settlement    38 

6.  Vagrants  39 

7.  Burial  of  Paupers 42 

1.     STATE  BOARD  OF  PUBLIC  CHARITIES. 

The  State  Board  of  Public  Charities  was  established  by  the  Act  of 
April  24,  1869,  P.  L.  90  (Poor  1  to  19),  which  act  has  been  supplemented 
and  amended  from  time  to  time,  especially  by  the  Act  of  May  1,  1913, 
P.  L.  149.  The  Board  of  Public  Charities  consists  of  five  commissioners 
and  one  general  agent  and  secretary,  who  is  paid  $5,000  a  year,  the  com- 
missioners receiving  no  salary,  but  only  necessary  expenses.  It  is  the  duty 
of  the  general  agent  and  secretary  to  visit  all  charitable,  penal,  reform- 
atory and  correctional  institutions  in  the  State  and  make  an  annual 
report  of  the  work  of  the  Board. 

The  Board  has  full  power  to  look  into  and  examine  the  condition  of 
all  charitable,  reformatory  or  correctional  institutions  within  the  State, 
financially  and  otherwise ;  to  inquire  and  examine  into  their  methods 
of  instruction,  the  government  and  management  of  their  inmates,  the 
official  conduct  of  trusteees,  directors,  and  other  officers  and  employees 
of  the  same ;  the  condition  of  the  buildings,  grounds,  and  other  property 
connected  therewith,  and  into  all  other  matters  pertaining  to  their  useful- 
ness and  good  management.  To  this  end  they  shall  have  free  access  to  all 
institutions  and  may  employ  such  experts,  clerks,  stenographers  and 
other  employees  of  all  kinds  as  their  business  may  require. 

Whenever  the  Board  finds  a  condition  existing  in  any  jail,  prison, 
penitentiary  or  almshouse  which  is  unlawful  or  detrimental  to  the  proper 
maintenance,  discipline  and  hygienic  condition  of  the  such  institution,  or 
the  proper  care  of  its  inmates,  the  Board  has  power  to  give  notice  to  the 
proper  officer  to  correct  such  condition  within  ninety  days ;  and  if  proper 
effort  is  not  made,  the  facts  are  to  be  certified  to  the  district  attorney, 
whose  duty  it  shall  be  thereupon  to  proceed,  by  indictment  or  otherwise, 
to  remedy  said  objectionable  condition. 

All  institutions  receiving  State  aid  are  to  be  visited  once  a  year,  and 
a  report  of  their  work  is  to  be  published,  together  with  recommendations. 
The  Board  may  prescribe  to  such  institutions  a  method  of  keeping  their 

(35) 


36  SOCIAL   LAWS    OF    PENNSYLVANIA. 

books,  and  shall  not  recommend  State  aid  to  any  institution  which  does 
not  adopt  said  system. 

Under  the  Act  of  May  7,  1874,  P.  L.  119  (Poor  16),  the  Board  could 
appoint  three  persons  in  each  county  to  act  as  visitors  to  the  institutions 
of  that  county.  This  act  has  become  obsolete  since  the  Act  of  June  6, 
1913,  P.  L.  452,  relating  to  the  apportionment  of  visitors  by  the  courts  of 
common  pleas  in  each  county.     See  "Visitors  to  Institutions,"  infra. 

2.    VISITORS  TO  INSTITUTIONS. 

Under  the  Act  of  February  26,  1903,  P.  L.  8  (Juveniles  134),  as 
amended  by  the  Act  of  June  6,  1913,  P.  L.  452,  it  is  the  duty  of  the  court 
of  common  pleas  of  each  county  to  appoint  a  Board  of  Visitors  of  six  or 
more  persons,  without  compensation,  except  necessary  expenses,  whose 
duty  it  shall  be  to  visit  all  institutions,  societies  and  associations,  within 
the  county,  into  whose  care  and  custody  dependent,  neglected  or  delin- 
quent children  shall  be  committed,  and  all  charitable,  reformatory  or 
penal  institutions,  and  all  institutions  within  the  county  which  receive 
their  inmates  from  more  than  one  county,  and  are  supported  or  managed, 
in  whole  or  in  part,  by  the  commonwealth,  and  all  institutions  within  the 
county  which  are  wholly  supported  and  managed  by  any  city,  county, 
borough,  or  poor  district  of  the  commonwealth. 

Such  visits  are  to  be  made  monthly  by  two  members  of  the  board, 
who  shall  report  to  the  board.  The  Board  shall  make  reports  to  the 
court  on  matters  pertaining  to  the  welfare  of  the  institutions,  particularly 
the  treatment  received  by  the  inmates.  A  copy  of  such  report  shall  also 
be  submitted  by  the  Board  to  the  persons  in  charge  of  the  various 
institutions. 

An  annual  report  shall  be  made  to  the  State  Board  of  Public 
Charities. 

In  appointing  the  Board,  the  court  shall  receive  nominations  from 
any  corporation  organized  under  the  laws  of  the  commonwealth  for  the 
study  and  improvement  of  the  conditions  of  charitable,  reformatory  or 
penal  institutions ;  but  such  nominations  shall  in  no  way  interfere  with  the 
free  discretion  of  the  court  in  making  appointments. 

The  exact  extent  of  the  duties  of  the  Board  in  each  county  being 
somewhat  obscure  under  the  language  of  the  act,  the  Attorney-General, 
in  Board  of  Visitation,  23  D.  R.  313,  gave  an  opinion  upon  the  act,  prin- 
cipally to  the  effect  that  the  Board  of  Visitors  were  required  to  visit  only 
those  institutions  to  which  either  children  or  adults  are  committed  under 
the  provisions  of  any  law  of  the  commonwealth.  The  Board  acts  as  the 
agent  of  courts  in  such  investigations,  so  its  duties  are  confined  to  such 
institutions  as  receive  persons  committed  by  some  court.  The  visits 
must  be  made  monthly,  but  if  this  work  is  too  onerous,  then  the  Court  of 
Common  Pleas  may  increase  the  number  of  persons  on  the  Board,  or 
may  otherwise  regulate  the  manner  of  the  performance  of  its  duties  by 
the  Board. 


POOR  LAW.  37 

3.  POOR  DISTRICTS. 

The  laws  establishing  the  various  poor  districts  of  the  common- 
wealth are  in  a  very  unsatisfactory,  not  to  say  chaotic  condition.  Under 
the  Poor  Law  of  March  9,  1771,  1  Sm.  L.  332,  now  mostly  repealed  or 
supplied  by  later  laws,  every  city,  borough  and  township  constituted  a 
separate  poor  district,  for  which  directors  or  overseers  were  appointed  or 
elected.  From  time  to  time  many  poor  districts  were  established  with 
different  territorial  extent  by  special  acts  of  Assembly,  until,  in  1874, 
special  legislation  was  forbidden  by  the  Constitution  adopted  that  year. 

Many  poor  districts  built  almshouses  and  other  institutions,  and 
when  the  legislature  came  to  pass  general  laws  establishing  poor  districts 
after  the  Constitution  of  1874  was  adopted,  the  districts  which  had  built 
institutions  were  excepted  from  the  provisions  of  the  general  laws  and 
were  continued  as  separate  poor  districts  under  the  provisions  of  the  old 
special  laws  relating  to  each. 

It  is  therefore  impossible  to  describe  here  the  territorial  make-up  of 
the  various  poor  districts — they  range  from  a  large  and  populous  county 
down  to  a  sparsely  settled  second  class  township.  They  also  overlap, 
some  functions  being  under  one  board  and  other  functions  under  another. 
In  the  City  of  Philadelphia  there  are  several  distinct  poor  districts,  but 
the  City  Department  of  Health  and  Charities  has  absorbed  most  of  the 
work  of  all  of  them.  In  Allegheny  County,  the  City  of  Pittsburgh  is  a 
separate  poor  district  and  the  remainder  of  the  county  constitutes  another. 

Beginning  in  1876  the  Legislature  seems  to  have  adopted  the  policy  of 
making  the  county  the  unit  in  the  work  of  poor  relief.  By  the  Acts  of 
May  8,  1876,  P.  L.  149;  May  18,  1878,  P.  L.  63;  June  4,  1879,  with  their 
amendments  and  supplements  (see  Poor  20  to  95),  the  various  counties 
were  empowered  to  build  and  maintain  poorhouses,  to  elect  poor  house 
directors  and  to  perform  the  duties  theretofore  performed  by  overseers  of 
the  poor,  and  they  were  finally  created  districts  "for  the  purpose  of 
furnishing  relief  to  the  poor,  destitute  and  paupers,  and  giving  them 
employment.  Incorporated  cities  were  not  affected,  and  local  or  general 
laws  under  which  poorhouses  were  maintained  were  not  repealed. 

4.     POOR  RELIEF. 

Under  the  Act  of  June  13,  1836,  P.  L.  539  (Poor  96  to  105),  it  is 
the  duty  of  overseers  of  the  poor  to  provide  relief  for  all  poor  persons 
having  a  settlement  in  the  district.  If  able  to  work,  employment  is  to  be 
provided,  either  in  shops  or  on  the  roads.  If  unable  to  work,  it  is  the 
duty  of  the  overseers  "to  provide  him  with  the  necessary  means  of 
subsistence." 

Persons  not  having  a  settlement  are  to  be  relieved  until  they  can  be 
removed  to  their  place  of  settlement. 

No  person  is  supposed  to  receive  relief  until  an  order  from  two 
magistrates  of  the  county  is  procured ;  but  this  has  been  repealed  as  to 
cities  of  the  third  class  by  the  Act  of  June  14,  1901,  P.  L.  561  (Poor  102). 

Poor  children,  whose  parents  are  dead,  may  be  bound  out  as  appren- 
tices by  the  overseeers  of  the  poor,  with  the  approbation  and  consent  of 
two  magistrates. 


38  SOCIAL   LAWS    OF    PENNSYLVANIA. 

Under  the  Act  of  May  28,  1907,  P.  L.  285  (Poor  118a),  persons 
who  are  quarantined  shall  be  considered  "poor,"  and  shall  be  furnished 
relief. 

Under  the  Act  of  March  31,  1905,  P.  L.  92,  as  amended  by  the  Act 
of  May  7,  1907,  P.  L.  170  (Poor  108),  and  supplied  by  the  Act  of  April 
22,  1913,  P.  L.  in,  it  is  the  duty  of  poor  directors  to  provide  medical 
care  (including  the  Pasteur  treatment)  to  all  indigent  persons  domiciled 
in  the  district  who  may  be  in  danger  of  hydrophobia  from  the  bite  of  any 
animal,  and  pay  for  the  same  out  of  the  poor  funds. 

Under  the  Act  of  June  21,  191 1,  P.  L.  nil,  any  poor  district  may 
build  a  tuberculosis  hospital,  on  plans  to  be  approved  by  the  State  Depart- 
ment of  Health. 

Under  the  Act  of  June  3,  191 1,  P.  L.  649,  poor  districts  may  appro- 
priate money  to  incorporated  associations  formed  for  the  purpose  of 
assisting,  relieving,  and  giving  medical  care  and  attention  to  the  poor, 
injured  or  sick,  within  the  respective  districts. 

Under  the  Act  of  June  25,  1913,  P.  L.  564,  the  real  estate  of  any 
pauper  is  liable  for  the  expenses  of  his  support,  maintenance  and  burial, 
incurred  by  any  poor  district,  whether  owned  at  the  time  such  expenses 
were  incurred  or  acquired  thereafter.  The  directors  of  the  district  may 
sue  in  an  action  of  assumpsit,  and  collect  as  other  debts  are  collected. 

5.     SETTLEMENT. 

The  Act  of  June  13,  1836,  P.  L.  539,  §  1  (Poor,  96),  imposes  upon 
the  overseers  of  the  poor  (who  are  a  body  corporate,  and  can  sue  and  be 
sued  as  such)  the  duty  of  providing  for  every  poor  person  within  the 
district,  "having  a  settlement  therein,"  who  shall  apply  to  them  for  relief. 
Sec.  5  of  the  same  act  (Poor  100)  requires  the  overseers  to  furnish  relief 
to  those  "not  having  a  settlement  therein"  until  they  can  be  removed  to 
the  place  of  their  settlement.  The  Act  of  May  1,  1909,  P.  L.  307,  pro- 
vides that  in  such  case  the  district  furnishing  the  relief  can  recover  the 
amount  expended  from  the  district  of  settlement.  This  last  act  provides 
that  a  settlement  may  be  gained  in  any  district  as  follows : 

1.  By  an  inhabitant  thereof  "who  shall,  for  himself  and  on  his  own 
account,  execute  any  public  office  legally  placed  therein  during  one  whole 
year." 

2.  By  one  who  pays  taxes  for  one  year. 

3.  By  one  who  rents  real  estate  of  the  yearly  value  of  $10  and 
dwells  upon  the  same  for  one  year  and  pays  the  said  rent. 

4.  By  one  who  owns  real  estate  and  dwells  upon  it  for  one  year. 

5.  By  any  unmarried  person  without  a  child  who  is  hired  and 
works  as  a  servant  for  one  year. 

6.  A  married  woman  has  the  same  settlement  as  her  husband ;  but 
if  he  has  no  known  settlement,  "then  she  shall  be  deemed,  whether  he  be 
living  or  dead,  to  be  settled  in  the  place  where  she  was  last  settled  before 
her  marriage." 

7.  An  illegitimate  child  is  settled  in  the  place  where  the  mother  was 
legally  settled  at  the  time  of  the  birth  of  such  child. 


POOR  LAW.  39 

It  is  fundamental  that  a  child  takes  the  same  settlement  as  its  parents, 
and  remains  so  settled  until  changed  by  acts  of  his  own. 

A  wife's  settlement  follows  that  of  her  husband,  even  when  he 
deserts  her.  Central  Poor  Dist.  v.  Jenkins  Twp.  ( 1897),  4  Pa.  Super.  Ct. 
16.  This  is  true  even  if  the  wife  was  a  public  charge  at  the  time  the 
husband  acquires  a  new  settlement.  The  new  district  must  assume  the 
support  of  the  wife.    Homer  Poor  Dist.  v.  Austin  Poor  Dist.  19  Pa.  C. 

C.  546. 

.  The  Act  of  April  6,  1905,  P.  L.  112  (Poor  134),  provides  that  a 
settlement  may  be  gained  in  any  district  by  any  person,  married  or  single, 
who  bona  fide  comes  to  inhabit  therein  and  continues  to  reside  there  for 
one  year.  Persons  born  in  a  place,  whether  legitimate  or  illegitimate, 
shall  be  deemed  to  be  settled  there  unless  the  parent  having  their  custody 
be  settled  elsewhere ;  and  all  children  shall  follow  the  settlement  of  their 
parent,  stepfather  or  stepmother  having  their  custody  until  sixteen  years 
old. 

6.    VAGRANTS. 

The  Act  of  June  13,  1836,  P.  L.  539  (Vagrants  1),  being  part  of  the 
Poor  Law,  defined  Vagrants,  and  practically  the  same  definitions  were 
embodied  in  the  Act  of  May  8,  1876,  P.  L.  154  (Vagrants  2  to  15),  relat- 
ing wholly  to  vagrants.    They  are: 

1.  Persons  returning  to  a  poor  district  from  which  they  have  been 
legally  removed,  without  a  certificate  from  the  poor  district  to  which  they 
belong  stating  that  they  have  a  settlement  therein. 

2.  All  persons  who  refuse  to  do  the  work  allotted  to  them  under 
the  Poor  Law. 

3.  All  persons  going  about  from  door  to  door  or  placing  themselves 
in  streets,  highways  or  other  roads  to  beg  or  gather  alms,  and  all  other 
persons  wandering  abroad  and  begging  who  have  no  fixed  place  of  resi- 
dence in  the  township,  ward  or  borough  in  which  the  vagrant  is  arrested. 

4.  All  persons  from  other  states  who  have  no  occupation,  no  visible 
means  of  subsistence  and  can  give  no  reasonable  account  of  themselves. 

Persons  coming  within  these  definitions  may  be  arrested  and  sen- 
tenced to  labor  upon  any  county  farm  or  on  the  roads,  or  in  any  house  of 
correction,  poorhouse,  workhouse  or  jail  for  not  less  than  thirty  days  nor 
more  than  six  months. 

Non-resident  poor  persons  may  be  sent  back  to  where  they  have  a 
settlement,  but  may  first  be  put  to  work  and  made  to  earn  enough  for 
travelling  expenses. 

Any  person  coming  within  the  above  description  of  a  vagrant  may 
be  arrested  by  a  constable  or  policeman  on  complaint,  or  on  his  own 
initiative,  and  taken  before  a  magistrate,  alderman  or  justice  of  the  peace, 
who  must  grant  full  hearing.  If  convicted  of  the  offence,  he  may  be 
summarily  sentenced  and  committed  as  above,  labor  being  the  essence  of 
the  sentence.  Vagrant's  Case,  4  Pa.  C.  C.  615  (1868).  The  act,  how- 
ever, also  applies  when  the  defendant  cannot  work,  as  commitments  of 
blind  and  armless  persons  have  been  held  valid  in  Philadelphia.  In  those 
counties  which  have  a  workhouse,  the  Act  of  June  26,  1895,  P.  L.  377 


4o  SOCIAL    LAWS    OF    PENNSYLVANIA. 

(Workhouses  5),  provides  that  committing  magistrates  shall  sentence 
vagrants  to  that  institution,  as  well  as  persons  convicted  of  drunkenness 
and  disorderly  conduct.  In  counties  which  have  a  House  of  Correction, 
but  no  workhouse,  as  Philadelphia,  vagrants  must  be  sent  there.  For 
second  offences,  the  above  Act  of  1895  provides  that  the  sentence  shall 
be  for  twice  the  period  of  the  first  sentence. 

Under  the  case  of  Com.  v.  King,  2  Kulp  386,  "idle  and  disorderly 
persons"  may  not  be  committed  under  the  vagrancy  laws,  but  some  act 
of  vagrancy  as  above  described  must  be  proved.  It  is  well  to  note  that 
the  concealment  of  an  act  of  beggary  by  the  pretence  of  selling  some 
article,  or  of  playing  some  musical  instrument,  is  of  no  avail  as  a  defence. 
Com.  v.  House  of  Correction,  18  D.  R.  601  (1909).  The  question  of 
beggary  or  vagrancy  will  be  gone  into  fully  by  the  magistrate,  so  the 
prosecution  should  be  prepared  to  prove  that  the  selling  or  playing  is  a 
mere  subterfuge,  and  a  cloak  to  hide  an  appeal  for  charity. 

Those  sentenced  as  above  may  appeal  to  court,  the  appeal  in  Phila- 
delphia going  either  to  the  Municipal  Court  or  the  Court  of  Quarter 
Sessions,  in  Allegheny  County  to  the  County  Court,  and  in  all  other 
counties  to  the  Court  of  Quarter  Sessions.  Or,  instead  of  appealing, 
the  matter  can  be  brought  before  the  court  of  common  pleas  by  habeas 
corpus.  Com.  v.  King,  2  Kulp  386.  The  allowance  of  the  appeal  is 
discretionary.  Com.  1.  Levine,  36  Super.  Ct.  188  (1908).  Habeas  corpus 
is  a  writ  of  right.  Both  open  the  case  de  novo,  as  far  as  the  merits  of  the 
case  are  concerned.  See  the  cases  just  cited,  as  well  as  Com.  v.  Supt. 
House  of  Correction,  18  D.  R.  601  (1909).  In  either  case,  all  witnesses 
must  be  in  court  for  the  hearing. 

In  case  of  an  appeal,  great  care  should  be  taken  by  the  prosecution 
to  have  the  record  made  up  correctly  by  the  magistrate.  It  should  con- 
tain the  following: 

(1)  Name  and  address  of  defendant. 

(2)  Date  of  arrest. 

(3)  Manner  of  arrest. 

(4)  Name  of  person  making  arrest. 

(5)  Charge. 

(6)  Names    and    addresses    of    witnesses    who    appeared    against 

defendant. 

(7)  Date  of  hearing. 

(8)  Names  and  addresses  of  defendant's  witnesses. 

(9)  Statement  that  defendant  and  his  witnesses  were  given  oppor- 
tunity to  testify.  ,  .     .    ,. 

(10)  Brief  statement  of  testimony  of  each  witness,  including  time 

and  place  of  offence. 

(11)  Statement  that,  after  hearing,  the  magistrate  convicted  defend- 
ant of  the  offence. 

(12)  Sentence,  and  that  defendant  was  present  when  sentence  was 

imposed.  , 

After  hearing  the  appeal,  the  order  of  the  court  thereon  shall  be  final. 
Section  five  of  the  above  Act  of   1876  permits  the  custodian  or 

custodians  of  such  vagrant  at  discretion  to  discharge  him  at  any  time 


POOR  LAW.  41 

within  the  term  of  commitment  upon  not  less  than  ten  days'  good 
behavior,  or  upon  satisfactory  security  that  he  shall  not  become  a  charge 
upon  the  public  within  one  year  from  the  date  of  such  discharge.  In 
Philadelphia  the  practice  is  for  the  Director  of  Public  Safety  to  exercise 
discretionary  power  as  to  the  discharge  of  vagrants  from  the  House  of 
Correction. 

In  counties  where  there  is  no  workhouse  or  House  of  Correction, 
the  eighth  section  of  the  Act  declares  all  poorhouses,  almshouses  and  other 
places  provided  for  the  keeping  of  the  poor  to  be  workhouses  for  purposes 
of  the  Vagrancy  Act,  and  makes  it  the  duty  of  the  custodians  to  provide 
work  for  vagrants  and  to  compel  them  to  work  therein,  when  able,  not 
less  than  six  hours  per  day. 

Upon  his  discharge,  the  vagrant  may  demand  a  certificate  of  dis- 
charge which  shall  exempt  him  from  any  further  arrest  for  vagrancy  for 
a  period  of  five  days  upon  condition  that  he  shall  forthwith  leave  the 
county  wherein  confined,  and  the  custodian  is  authorized,  in  his  discretion, 
to  give  to  such  vagrant  a  reasonable  sum  of  money  out  of  his  earnings, 
or  out  of  the  treasury  of  the  township,  borough,  city  or  county  to  defray 
his  expenses  in  leaving  the  county  as  aforesaid. 

In  Philadelphia,  by  Act  of  June  13,  1883,  P.  L.  100  (Vagrants  16 
to  18),  persons  giving  shelter  in  wayfarer's  lodges,  who  refuse  to  work 
as  pay  therefor,  may  be  punished  as  vagrants  by  not  more  than  thirty 
days'  commitment. 

TRAMP   ACT. 

The  Act  of  April  30,  1879,  P.  L.  33  (Vagrants  20  to  25),  known  as 
the  Tramp  Act,  defines  a  tramp  as  "any  person  going  about  from  place 
to  place  begging,  asking  or  subsisting  upon  charity,  and  for  the  purpose 
of  acquiring  money  or  a  living,  and  who  shall  have  no  fixed  place  of 
residence,  or  lawful  occupation  in  the  county  or  city  in  which  he  shall 
be  arrested." 

Any  person  coming  within  this  definition  is  guilty  of  a  misdemeanor 
and  may  be  sentenced  to  imprisonment  by  separate  and  solitary  confine- 
ment at  labor,  in  the  county  jail  or  workhouse,  for  not  more  than  twelve 
months.  If  the  defendant  can  prove,  either  before  the  magistrate,  or  in 
court,  that  all  of  the  above  requirements  are  not  fulfilled  in  his  case,  he 
shall  be  discharged.  Com.  v.  Gill,  10  W.  N.  C.  557  (1879).  He  may 
also  be  released  upon  writ  of  habeas  corpus. 

However,  any  act  of  beggary  or  vagrancy  by  such  a  person  is  prima 
facie  evidence  of  guilt  under  the  act. 

This  act  in  no  way  repeals  the  Vagrancy  Act  of  1876.  Cumberland 
Co.  v.  Boyd,  113  Pa.  32  (1886). 

This  Act  does  not  provide  for  a  summary  conviction,  but  is  punitive, 
and  the  accused  is  entitled  to  Grand  Jury  indictment  and  jury  trial.  It 
must  not  be  confused  with  the  above  vagrancy  law. 

Under  section  two  of  this  act  the  period  of  imprisonment  is  increased 
to  three  years  under  certain  contingencies,  as  follows : 

(1)  If  the  tramp  "shall  enter  any  dwelling  house,  against  the  will 
or  without  the  permission  of  the  owner  or  occupant  thereof." 


42  SOCIAL   LAWS    OF    PENNSYLVANIA. 

(2)  If  he  shall  kindle  any  fire  in  the  highway  or  on  the  land  of 
another  without  his  consent. 

(3)  If  he  shall  be  found  carrying  firearms  or  other  dangerous 
weapon. 

(4)  If  he  shall  do  or  threaten  to  do  any  injury  not  amounting  to  a 
felony  to  any  person,  or  to  the  real  or  personal  estate  of  another. 

This  act  does  not  apply  to  any  female  or  minor  under  sixteen,  nor 
to  any  blind,  deaf  or  dumb  person,  nor  to  any  maimed  or  crippled  person 
who  is  unable  to  perform  manual  labor.  These  classes  can  all  be  prose- 
cuted under  the  general  Vagrancy  Act  of  1876,  above  considered. 

7.    BURIAL  OF  PAUPERS. 

IT 

Under  the  general  Poor  Law  Amendment  Act  of  June  13,  1836,  P. 
L.  539,  §  1  (Poor  96),  which  provides  that  the  overseers  of  every  district 
shall  provide  for  every  poor  person  having  a  settlement  within  the  district, 
it  has  been  held  in  the  case  of  Directors  of  the  Poor  v.  Wallace,  8  W.  & 
S.  94,  that  the  overseers  are  authorized  and  required  to  pay  the  funeral 
expenses  of  a  destitute  person. 

In  those  counties  in  which  a  poor  or  almshouse  is  not  maintained  at 
county  expense,  the  Act  of  March  6,  1903,  P.  L.  18  (Poor  106),  provides 
that  the  overseers  of  the  several  poor  districts  furnish  all  needy,  sick 
and  injured  indigent  persons  with  necessary  support  and,  in  case  of  death, 
burial,  whether  such  indigent  persons  have  a  legal  settlement  in  the  poor 
district  or  not.  If  such  indigent  persons  have  no  known  legal  settlement, 
the  expenses  shall  be  borne  by  the  county  instead  of  the  poor  district. 

In  those  counties  in  which  a  poor  or  almshouse  is  maintained  at 
county  expense,  the  Act  of  April  20,  191 1,  P.  L,  66,  as  amended  by  the 
Act  of  May  23,  1913,  P.  L.  305,  provides  that  the  poor  directors  in  such 
counties  shall  provide  for  the  burial  of  indigent  persons  who  shall  die  in 
the  county  at  an  expense  not  exceeding  $35. 

Neither  of  these  acts  repeal  or  modily  the  provisions  of  the  Act  of 
1883  establishing  the  Anatomical  Board  for  the  distribution  of  unclaimed 
human  bodies  for  scientific  purposes,  the  provisions  of  which  act  are 
hereinafter  set  forth.  It  is  provided,  however,  that  any  relative  by  blood 
or  marriage  to  the  deceased  may  have  the  body  if  they  will  bury  it  without 
expense  to  the  county. 

Under  the  Act  of  May  13,  1885,  P.  L.  17,  as  amended  by  the  Act  of 
March  27,  1903,  P.  L.  103  (Poor  168  to  171),  it  is  the  duty  of  the  county 
commissioners  to  appoint  persons  in  each  township  and  ward  to  give 
decent  burial  to  the  body  of  any  honorably  discharged  soldier,  sailor  or 
marine  who  served  in  the  army  or  navy  of  the  United  States  during  the 
Rebellion  or  any  preceding  war,  and  who  shall  die  leaving  insufficient 
means  to  defray  burial  expenses.  Such  burial  shall  not  take  place  in  a 
cemetery  or  burial  ground  used  exclusively  for  the  burial  of  the  pauper 
dead.  The  expense  thereof,  not  exceeding  $50,  shall  be  paid  by  the  county ; 
and  an  appropriate  headstone  shall  be  furnished  at  an  additional  expense 
not  exceeding  $15. 


POOR  LAW.  43 

Under  the  Act  of  June  13,  1883,  P.  L.  119,  as  amended  by  the  Act 
of  April  29,  1897,  P.  L.  36  (Dead  Human  Bodies  1  to  8),  the  professors 
of  anatomy  and  surgery  of  the  various  medical  and  dental  schools  in 
the  Commonwealth  are  constituted  a  board,  known  as  the  Anatomical 
Board,  for  the  distribution  and  delivery  of  dead  human  bodies  to  the 
various  schools,  colleges,  physicians  and  surgeons  needing  them  for  the 
promotion  of  medical  science  within  the  state.  This  board  is  authorized 
to  establish  necessary  rules  and  regulations  regarding  such  distribution. 

All  public  officers  of  any  place  in  the  state,  and  all  officers  of  public 
institutions,  having  charge  of  dead  human  bodies  required  by  law  to  be 
buried  at  public  expense,  are  required  by  the  act  to  notify  the  said 
board,  or  person  named  by  it  for  the  purpose  in  each  locality,  of  the 
death  of  any  such  person.  The  dead  body  may  then  be  taken  by  the 
agents  of  the  board,  provided  a  bond  has  been  filed  in  the  Prothonotary's 
Office  by  the  school  or  individual  to  whom  the  body  is  to  go,  in  the  sum 
of  $1,000,  that  the  body  will  be  used  for  the  promotion  of  medical  science 
within  the  state.  All  expenses  thereafter  incurred,  whether  for  trans- 
portation or  burial,  shall  be  paid  by  such  school  or  individuals  and  the 
public  shall  be  at  no  further  expense  in  the  matter. 

This  act  is  mandatory  upon  the  official  in  charge  of  the  dead  body, 
but  contains  an  exception  in  the  case  where  "any  person  claiming  to  be 
and  satisfying  the  authorities  in  charge  of  said  body  that  he  or  she  is  of 
kindred  or  is  related  by  marriage  to  the  deceased,  shall  claim  the  said 
body  for  burial,"  in  which  case  it  shall  be  surrendered.  The  board  of 
distribution,  however,  is  not  forced  to  accept  such  bodies,  in  which  case 
they  must  be  buried  at  public  expense. 

The  act  does  not  apply  if  the  deceased  person  was  a  traveler  who 
died  suddenly,  in  which  case  the  body  is  to  be  buried  without  notifying 
the  board. 


CHAPTER  V. 
MENTAL  DEFECTIVES. 


PAGE 


i.  Confinement  of  Insane  Without  Court  Action 44 

2.  Confinement  of  Habitual  Users  of  Alcohol  or  Drugs 46 

3.  Arrest  of  Insane  for  Crime 46 

4.  Mental  Defectives  Under  the  Poor  Law 47 

5.  General  Act  Relating  to  Lunatics 47 

6.  Weakminded  Persons  and  Epileptics 48 

7.  Supervision  and  Control  of  Asylums 49 

8.  State  Institutions  for  Mental  Defectives 49 

1.     CONFINEMENT  OF  INSANE  WITHOUT  COURT  ACTION! 

Insane  persons  may  be  placed  in  either  public  or  private  hospitals 
where  insane  are  detained  without  any  court  action  whatever,  under  the 
Act  of  April  20,  1869,  P.  L.  20  (Lunatic  Asylums,  119  et  seq.),  as  modi- 
fied and  supplemented  by  the  Act  of  May  8,  1883,  P.  L.  21  (Lunatic 
Asylums  103  et  seq.).  Under  these  Acts  the  legal  guardians,  relatives  or 
friends  may  place  an  insane  person  in  detention,  but  not  without  "a  cer- 
tificate signed  by  at  least  two  physicians,  resident  in  this  commonwealth, 
who  have  been  actually  in  the  practice  of  medicine  for  at  least  five  years, 
both  of  whom  shall  certify  that  they  have  examined  separately  the  person 
alleged  to  be  insane,  and  after  such  examination  had  do  verily  believe 
that  the  person  is  insane,  and  that  the  disease  is  of  a  character  which, 
in  their  opinion,  requires  that  the  person  should  be  placed  in  a  hospital 
or  other  establishment  where  the  insane  are  detained  for  care  and  treat- 
ment, and  that  they  are  not  related  by  blood  or  marriage  to  the  person 
alleged  to  be  insane,  nor  in  any  way  connected  as  a  medical  attendant,  or 
otherwise,  with  the  hospital  or  other  establishment  in  which  it  is  proposed 
to  place  such  person."  This  certificate  must  be  made  "within  one  week 
of  the  examination  of  the  patient,  and  within  two  weeks  of  the  time  of 
admission  of  the  patient,  and  shall  be  duly  sworn  to  or  affirmed  before  a 
judge  or  magistrate  of  this  commonwealth,  and  of  the  county  where  such 
person  has  been  examined,  who  shall  certify  to  the  genuineness  of  the 
signatures,  and  to  the  standing  and  good  repute  of  the  signers." 

The  guardian,  relative  or  friend  must,  by  writing  signed,  state  that 
the  person  has  been  removed,  and  is  to  be  detained  at  his  or  her  request, 
under  the  belief  that  such  detention  is  necessary  for  the  benefit  of  the 
insane  person,  and  must  also  furnish  a  signed  statement  of  the  following 

facts : 

1.  Name  of  insane  person. 

2.  Age. 

3.  Residence  for  the  past  year,  or  as  much  as  is  known. 

(44) 


MENTAL  DEFECTIVES.  45 

4.  Occupation,  trade  or  employment. 

5.  Parents,  if  living. 

6.  Husband  or  wife. 

7.  Children. 

8.  Brothers  and  sisters,  and  the  residence  of  each  of  these  persons. 

9.  If  not  more  than  one  of  these  classes  is  known,  the  names  and 
residences  of  such  of  the  next  degree  of  relatives  as  are  known. 

10.  Statement  of  how  long  insantity  has  been  supposed  to  exist,  and 
the  circumstances  that  induce  the  belief  that  insanity  exists. 

11.  Names  and  addresses  of  all  medical  attendants  of  the  patient 
during  the  last  two  years. 

The  medical  attendant  of  the  place  of  detention  must  examine  the 
patient  within  twenty-four  hours,  and  record  the  results.  He  must  also 
tell  the  patient  that  he  or  she  may  communicate  with  any  persons,  two 
of  whom  "shall  be  permitted  to  have  a  full  and  unrestrained  interview 
with  the  patient."  If  detention  is  not  necessary,  the  person  placing  the 
patient  shall  be  notified,  and  must  remove  the  patient  within  seven  days, 
or  he  will  be  discharged. 

Where  the  procedure  above  outlined  is  followed  in  good  faith,  and 
a  person  is  detained  even  though  sane,  there  is  no  action  for  damages. 
Hindman  v.  Hutchinson,  47  Pitts.  L.  J.  422.  If  a  physician  actually 
believes  a  sane  person  is  insane,  and  so  certifies,  he  is  not  guilty  of 
negligence.  Williams  v.  Le  Bar,  141  Pa.  149.  But  where  a  sane  person 
is  so  imprisoned  from  a  corrupt  motive,  all  persons  involved  in  the  con- 
spiracy are  not  only  liable  in  a  civil  action  for  damages,  but  also  for 
criminal  conspiracy  under  the  Act  of  March  31,  i860,  P.  L.  382,  §  128 
(Crimes  68). 

The  fact  of  insanity  in  such  cases  may  always  be  inquired  into  by 
the  court  in  habeas  corpus  proceedings,  which  may  be  sued  out  by  any 
person ;  and  the  burden  of  proving  insanity  is  then  upon  the  person  who 
placed  the  patient  in  detention. 

The  procedure  outlined  is  very  summary  and  is  intended  for  extreme 
cases  where  the  public  peace,  or  morals  or  the  interest  of  the  patient 
requires  it.  Com.  v.  Kirkbride,  2  Brewst.  400.  Where  it  is  necessary  to 
use  it,  it  should  be  followed  by  some  kind  of  court  action,  either  under 
the  same  acts,  where  a  procedure  by  means  of  a  commission  of  three  is 
provided  (Lunatic  Asylums  124),  or  under  one  of  the  various  acts  apply- 
ing to  different  State  hospitals  or  institutions  (Lunatic  Asylums  17,  relat- 
ing to  the  Pennsylvania  State  Lunatic  Hospital ;  23  to  27,  relating  to 
the  Western  Pennsylvania  Hospital ;  58,  relating  to  the  Hospital  for 
Southeastern  Pennsylvania,  or  under  the  general  Act  of  June  13.  1836, 
P.  L.  589  (Lunatics  and  Habitual  Drunkards  1  et  seq.)  relating  to  the 
appointment  by  the  Common  Pleas  Court  of  a  committee  to  care  for  the 
person  or  estate  of  insane  persons  and  habitual  drunkards.) 

Under  section  33  of  the  above  Act  of  1883  (Lunatic  Asylums  116), 
the  Committee  on  Lunacy  of  the  Board  of  Public  Charities  may  order 
and  compel  the  discharge,  at  any  time,  of  any  person  detained  as  insane 
(other  than  a  person  committed  after  trial  and  conviction  for  crime,  or 
by  order  of  court).     But  notice  of  such  action  shall  first  be  given  the 


46  SOCIAL   LAWS    OF    PENNSYLVANIA. 

asylum  and  the  person  at  whose  instance  the  person  is  detained,  so  that 
they  may  have  an  opportunity  to  justify  a  further  detention. 

Under  the  Act  of  May  10,  1893,  ?•  L.  39  (Lunatic  Asylums  117), 
persons  may  voluntarily  consent  to  their  own  detention  for  a  period  of 
one  month,  which  period  may  be  extended  an  additional  month.  The 
agreement  for  this  purpose  must  be  in  writing  and  signed  in  the  presence 
of  some  adult  person  as  friend  of  the  applicant,  and  also  in  the  presence 
of  the  medical  attendant,  and  also  by  him. 

2.  CONFINEMENT  OF  HABITUAL  USERS  OF  ALCOHOL  OR 

DRUGS. 

The  Act  of  1869,  above,  and  its  supplement  of  1883  apply  to  "insane 
persons,"  but  not,  in  terms,  to  habitual  drunkards,  although  if  habitual 
drunkenness  has  continued  so  long  that  insanity  is  caused,  they  would 
apply.  The  Act  of  April  16,  1903,  P.  L.  211,  was  passed  to  remedy 
this  defect;  this  act  was  amended  and  reenacted  by  the  Act  of  May  28, 
1907,  P.  L.  288  (Lunatics  and  Habitual  Drunkards  100).  Under  this 
act  two  persons  who  are  closely  related  or  "next  friend"  of  any  person 
so  addicted  to  the  use  of  "alcoholic  drink,  absinthe,  opium,  morphine, 
chloral,  or  other  intoxicating  liquor  or  drug"  as  to  be  a  proper  subject 
for  restraint,  care  and  treatment  in  a  hospital  or  asylum  may  petition  the 
court  of  quarter  sessions  for  such  person's  commitment,  the  petition  to 
be  accompanied  by  the  affidavits  of  two  physicians.  The  court  then  brings 
the  drunkard  and  all  others  before  it  by  a  warrant,  at  a  time  to  be  fixed, 
and  after  hearing  may  commit  the  drunkard  to  an  asylum  or  hospital, 
arrangements  having  previously  been  made  with  the  asylum  or  hospital 
for  the  payment  necessary  to  obtain  care  and  treatment.  All  such  com- 
mitments are  reviewable  by  writ  of  habeas  corpus. 

3.    ARREST  OF  INSANE  FOR  CRIME. 

The  Crimes  Act  of  March  31,  i860,  P.  L.  427  (Lunatics  and  Habitual 
Drunkards  81  to  85)  contains  several  sections  relating  to  the  insane  when 
arrested  for  crime.  By  section  66,  when  the  jury  declares  that  they  find 
a  person  not  guilty  on  the  ground  of  insanity,  the  court  may  order  the 
defendant  "to  be  kept  in  strict  custody,  in  such  place  and  in  such  manner 
as  to  the  said  court  shall  seem  fit,  at  the  expense  of  the  county  in  which 
the  trial  is  had,  so  long  as  such  person  shall  continue  to  be  of  unsound 
mind."  By  section  67,  the  defendant's  mental  condition  may  be  inquired 
into  at  the  time  of  trial  by  a  jury  called  for  the  purpose,  and  if  found 
insane  he  may  be  committed  as  aforesaid.  By  section  68  where  a  defend- 
ant is  about  to  be  discharged  for  want  of  prosecution,  the  judge  may 
order  an  inquiry  into  his  insanity,  and  on  a  presentment  of  the  grand 
jury  he  may  be  tried  as  aforesaid,  and  if  found  insane  by  the  jury  the 
judge  may  proceed  as  aforesaid.  The  expenses  of  maintenance  in  the 
asylum  or  hospital  are  placed  first  upon  the  county  in  such  cases  as  these, 
but  the  property  of  the  insane  person  is  liable  for  said  costs  to  the  county 
(section  70),  and  if  there  is  no  property  then  the  poor  law  settlement  of 
the  insane  person  is  liable. 


MENTAL  DEFECTIVES.  47 

The  Act  of  May  14,  1874,  P.  L.  160  (Lunatics  and  Habitual 
Drunkards  86  to  90),  empowers  the  court,  when  any  person  is  imprisoned, 
charged  with  a  crime,  either  before  or  after  conviction,  or  after  acquittal 
on  the  ground  of  insanity,  to  commit  such  person  to  any  proper  hospital 
for  the  insane,  after  written  application  by  the  officers  of  the  prison  or 
by  the  general  agent  of  the  Board  of  Public  Charities  and  report  by  a 
commission  of  three  that  the  prisoner  is  of  unsound  mind  and  unfit  for 
prison  discipline.  Upon  the  recovery  of  such  person  and  certification  of 
such  fact  to  the  court,  the  latter  may  remand  him  to  prison  for  the 
remainder  of  his  term,  or  for  trial,  as  the  case  may  be ;  and  if  the  term 
of  imprisonment  has  expired,  or  the  crime  was  committed  while  insane, 
then  the  court  may  order  his  discharge  from  detention.  If  the  term  of 
imprisonment  expires  while  the  prisoner  is  still  insane  and  uncured,  the 
court,  upon  the  application  of  relatives  or  friends  and  the  giving  of 
proper  surety,  may  discharge  such  prisoner  from  the  hospital  and  into 
the  guardianship  and  control  of  the  person  applying  therefor. 

Under  the  Act  of  June  26,  1895,  P.  L.  388  (Lunatics  and  Habitual 
Drunkards  91),  when  any  person  is  charged  with  a  crime  less  than  felony 
and  committed  to  jail  by  the  magistrate,  the  county  commissioners,  upon 
the  certificate  of  two  physicians  of  five  years'  practice,  that  such  person 
is  insane,  may,  with  the  approval  of  the  court,  remove  such  indigent 
insane  person  to  the  proper  hospital  for  the  insane. 

4.     MENTAL  DEFECTIVES  UNDER  THE  POOR  LAW. 

Under  the  Act  of  April  14,  1845,  P-  L.  440,  §  12  (Lunatic  Asylums 
13),  the  Poor  Law  authorities  have  the  authority  to  place  any  poor  person 
in  an  asylum  whom  they  deem  insane.  This  right  extends  to  the  Court, 
so  that  where  a  poor  person  comes  before  the  court  in  surety  of  the 
peace  proceedings  (where  there  is  no  jury),  the  court  may  inquire  in  a 
summary  way  into  the  question  of  insanity,  and  may  order  him  confined 
at  the  expense  of  the  poor  district.  Davidson  Township's  Appeal,  68 
Pa.  312. 

Under  the  Act  of  June  13,  1883.  P.  L.  in,  §  1  (Juveniles  19),  the 
Poor  Law  authorities  may  retain  in  almshouses  children  who  are  unteach- 
able  idiots,  epileptics  or  paralytics,  or  otherwise  so  disabled  or  deformed 
as  to  be  incapable  of  labor  or  service.  Other  children  between  two  and 
sixteen  cannot  lawfully  be  retained  more  than  sixty  days. 

\ 

5.     GENERAL  ACT  RELATING  TO  LUNATICS. 

L'nder  the  Act  of  June  13.  1836,  P.  L.  589,  containing  68  sections, 
and  being  the  general  act  (see  Lunatics  and  Habitual  Drunkards  1  to  94), 
the  Court  of  Common  Pleas  may  inquire  into  the  mental  condition  of 
any  person,  and  appoint  a  committee,  either  of  the  person  or  of  the  estate, 
to  look  after  the  interests  of  the  lunatic.  The  committee  of  the  estate  has 
the  management  of  the  lunatic's  estate  "and  shall,  from  time  to  time, 
apply  so  much  of  the  income  thereof  as  shall  be  necessary  to  the  payment 
of  his  just  debts  and  engagements,  and  the  support  and  maintenance  of 
such  person,   and   of  his   family,  and   for  the  education  of  his  minor 


48  SOCIAL   LAWS    OF    PENNSYLVANIA. 

children."  If  the  income  is  not  sufficient,  the  court  may  authorize  him 
to  apply  so  much  of  the  principal  as  shall  be  necessary.  In  general,  the 
committee  exercises  the  same  control  over  the  property  of  the  lunatic 
that  a  guardian  appointed  by  the  Orphans'  Court  exercises  over  the 
property  of  the  ward. 

Under  the  Act  of  June  15,  1897,  P.  L.  162  (Lunatics  and  Habitual 
Drunkards  92),  which  amends  section  63  of  the  Act  of  1836,  above,  a 
person  so  declared  a  lunatic  may  apply  for  his  discharge  and  may  have 
a  trial  of  the  fact  by  a  jury  if  he  so  desires,  but  the  burden  is  on  him  to 
prove  that  he  has  regained  his  reason.  If  that  fact  is  proved  to  the  satis- 
faction of  the  jury  or  of  the  court,  then  the  committee  will  be  discharged 
and  the  person  set  at  iberty  if  he  had  been  confined. 


6.     WEAK-MINDED  PERSONS  AND  EPILEPTICS. 

Where  a  person's  mental  defectiveness  does  not  go  to  the  extent  of 
lunacy,  but  the  person  is  "feeble-minded  or  epileptic  or  so  mentally  defec- 
tive that  he  or  she  is  unable  to  take  care  of  his  or  her  property,  and 
in  consequence  thereof  is  liable  to  dissipate  or  lose  the  same,  and  to 
become  the  victim  of  designing  persons,"  the  Act  of  May  28,  1907,  P. 
L.  292  (Lunatics  and  Habitual  Drunkards  105  to  113),  makes  it  lawful 
for  "either  the  mother,  father,  brother,  sister,  husband,  wife,  child,  next 
of  kin,  creditor,  or,  in  the  absence  of  such  person  or  persons,  or  their 
inability,  any  other  person"  to  petition  the  court  of  common  pleas  to 
appoint  a  guardian  for  the  estate  of  such  person. 

The  courts  have  held  that  this  act  does  not  replace  the  general  lunacy 
act  of  1836,  but  that  the  law  recognizes  a  difference  between  a  violently 
insane  person  and  a  weak-minded  one.  The  act  is  for  the  protection  of 
the  weak-minded  person,  and  not  to  be  used  by  the  relatives  of  a  sane 
person  to  prevent  him  doing  what  he  pleases  with  his  property.  Bryden's 
Estate,  211  Pa.  633. 

The  court  fixes  a  day  for  a  hearing  and  directs  notice  to  be  given 
to  the  alleged  weak-minded  person  and  to  the  members  of  his  family. 
At  the  hearing  the  weak-minded  person  must  attend  if  that  is  possible 
with  safety  to  himself,  and  all  parties  may  present  such  testimony  as 
they  care  to  regarding  the  ability  or  inability  of  the  person  to  care  for  his 
property.  The  statute  contains  no  requirements  as  to  the  testimony  of 
physicians,  and  they  may  or  may  not  be  present  at  the  option  of  the 
persons  interested.  The  alleged  weak-minded  person  has  the  right  to 
have  a  jury  trial,  if  he  so  desires. 

If  the  court,  after  such  hearing,  decree  the  person  to  be  weak-minded, 
said  person  cannot  make  any  gift  or  contract,  and  entry  of  the  decree  is 
notice  to  the  world.  The  court  then  appoints  a  guardian,  who  has  the 
same  powers  and  duties  as  a  committee  in  lunacy.  Under  section  14  of 
the  Lunacy  Act  of  June  13,  1836,  P.  L.  589  (Lunatics  and  Habitual 
Drunkards  26),  the  court  may  commit  the  custody  and  care  of  the  person 
or  estate,  or  both,  of  the  lunatic  to  the  person  appointed  committee.  It  is 
therefore  a  fair  inference  that  the  guardian  of  a  weak-minded  person 
has  custody  of  the  person  of  the  ward,  as  well  as  custody  of  the  estate. 


MENTAL  DEFECTIVES.  49 

Under  the  act  the  court  has  full  power  over  the  person's  property, 
and  may  direct  the  sale,  mortgage,  lease  or  conveyance  upon  ground-rent 
of  the  real  estate  "whenever  in  the  opinion  of  the  court  it  is  necessary  for 
the  support  and  maintenance  of  the  said  ward  or  his  family,  or  the  educa- 
tion of  his  or  her  minor  children,  or  the  payment  of  his  or  her  debts." 

When  the  person  recovers  his  mind,  the  court,  after  hearing,  will  so 
decree,  and  will  discharge  the  guardian  and  turn  his  property  back  to 
such  person. 

7.    SUPERVISION  AND  CONTROL  OF  INSANE  ASYLUMS. 

Under  the  Act  of  May  8,  1883,  P.  L.  21  (Lunatic  Asylums  136  et 
seq.),  the  State  Board  of  Charities  has  supervision  over  all  houses  or 
places  where  insane  persons  are  detained,  and  may  make  rules  and  regu- 
lations for  their  government  and  control,  including  the  granting  of 
licenses  to  do  such  work.  Keeping  such  a  place  without  a  license  or 
violating  any  regulation  is  a  misdemeanor ;  and  damages  may  also  be  sued 
for  in  a  civil  action.  The  act  also  fully  protects  the  right  of  any  insane 
person  to  consult  his  attorney. 

Under  the  Act  of  June  9,  191 1,  P.  L.  855,  as  amended  by  the  Act 
of  May  1,  1913,  P.  L.  148,  any  hospital  in  which  courses  of  lectures  on 
mental  diseases,  open  to  medical  students,  are  maintained,  may  maintain, 
subject  to  the  consent  and  approval  of  the  Board  of  Public  Charities, 
a  psychopathic  ward  for  the  treatment  of  persons  suffering  with  mental 
disorders.  Commitments  are  made  in  the  usual  way,  and  courts  may 
send  any  person  charged  with  crime  to  such  wards  for  observation  and 
diagnosis.  For  the  care  of  indigent  persons  in  such  wards,  the  State 
pays  $2  per  day.  The  hospital  must  report  to  the  Board  of  Public 
Charities  in  the  same  way  as  State  Hospitals  for  the  Insane  must  report. 

i 

8.     STATE  INSTITUTIONS  FOR  MENTAL  DEFECTIVES. 

(1)  The  Pennsylvania  State  Lunatic  Hospital,  at  Harrisburg,  was 
erected  under  the  Act  of  April  14,  1845,  P-  L».  440,  and  its  supplements 
(Lunatic  Asylums  1  to  22),  for  the  admission  of  the  insane  patients 
from  the  several  counties  in  the  ratio  of  their  insane  population.  Both 
indigent  persons  and  paying  patients  may  be  admitted,  the  latter  under 
terms  fixed  by  the  board  of  nine  trustees  appointed  by  the  Governor  to 
manage  the  hospital.  The  cost  of  caring  for  the  indigent  person  is 
payable  by  the  city  or  county  sending  him,  and  the  city  or  county  may 
collect  from  the  poor  district  (if  any)  and  the  latter  from  any  relative 
liable  by  law  for  support.  Courts  may  commit  persons  charged  with 
crime,  except  the  crimes  of  homicide,  arson,  rape,  robbery  or  burglary, 
unless  there  is  reason  to  believe  that  a  cure  may  be  speedily  effected  by 
such  committal;  if  found  incurable,  such  persons  are  to  be  sent  back  to 
prison. 

The  indigent  insane  shall  aways  have  precedence  for  admission  over 
the  rich ;  and  recent  cases  shall  have  preference  over  those  of  long 
standing. 


So  SOCIAL   LAWS    OF    PENNSYLVANIA. 

(2)  The  Dixmont  Hospital  for  the  Insane  was  established  under 
the  Act  of  April  22,  1863,  P.  L.  539  (Lunatic  Asylums  23  to  48),  as  the 
Western  Pennsylvania  Hospital,  the  name  being  changed  in  July,  1907, 
by  order  of  court.  Insane  persons  may  be  admitted  from  the  following 
counties :  Armstrong,  Allegheny,  Beaver,  Butler,  Cambria,  Clarion,  Clear- 
field, Crawford,  Erie,  Elk,  Forest,  Fayette,  Greene,  Indiana,  Jefferson, 
Lawrence,  Mercer,  McKean,  Somerset,  Venango,  Washington,  Warren, 
Westmoreland  and  Potter.  Under  the  Act  of  April  27,  1876,  P.  L.  47 
(Lunatic  Asylums  47),  no  additional  paying  patients  shall  be  received  as 
long  as  applications  in  behalf  of  indigent  insane  persons  are  pending  for 
admission. 

The  courts  of  the  above  counties  may  commit  insane  criminals  and 
under  section  5,  on  petition,  to  inquire  summarily  into  the  facts  of  any 
case  of  the  intemperate  use  of  intoxicating  drinks,  and  if  the  person  is 
found  to  be  temporarily  insane  from  such  cause,  to  commit  him  to  the 
Hospital  until  cured ;  provided,  that  security  is  given  to  cover  all  costs  of 
such  care. 

Incurable  criminals  and  indigent  insane  may  be  returned  to  the  prison 
or  poor  authorities,  county  or  city  which  sent  them  to  the  Hospital. 

(3)  The  Hospital  for  the  Insane  for  Southeastern  Pennsylvania,  at 
Norristown,  was  established  under  the  Act  of  May  5,  1876,  P.  L.  121 
(Lunatic  Asylums  49  to  59),  and  cares  for  the  insane  from  Philadelphia, 
Bucks,  Montgomery,  Delaware,  Chester,  Northampton  and  Lehigh 
counties.  The  Hospital  is  specially  devoted  to  the  care  of  the  indigent 
insane,  who  have  precedence  over  paying  patients.  The  poor  authorities 
of  the  respective  counties  may  send  such  persons  as  they  see  fit  to  pay 
for;  and  the  courts  may  commit  under  the  same  provisions  as  those  by 
which  they  commit  to  the  State  Hospital  at  Harrisburg. 

(4)  The  State  Hospital  for  the  Insane  at  Danville.  Pennsylvania,  is 
governed  by  the  Act  of  March  27,  1873,  P-  L.  54  (Lunatic  Asylums  60 
to  65),  which  extended  many  sections  of  the  laws  relating  to  the  State 
Lunatic  Hospital,  at  Harrisburg,  to  the  Danville  institution,  and  author- 
ized the  removal  of  patients  from  Harrisburg  to  Danville.  The  Hospital 
was  built  to  care  for  the  insane  from  the  northern  district  of  the  State. 

(5)  The  State  Hospital  for  the  Insane  at  Warren,  Pennsylvania, 
was  built  under  the  Act  of  August  14,  1873,  P.  L.  1874,  page  333,  for  the 
insane  of  the  northwestern  district,  composed  of  the  counties  of  Erie, 
Crawford,  Mercer,  Venango,  Warren,  McKean,  Elk,  Forest,  Cameron 
and  Clarion.  It  is  governed  under  the  Act  of  June  8,  1881,  P.  L.  83 
(Lunatic  Asylums  66  to  74),  under  which  the  poor  authorities  of  the 
above  counties  may  send  indigent  insane  to  the  institution  and  the  courts 
of  the  commonwealth  may  commit  under  existing  laws. 

(6)  The  State  Asylum  for  the  Chronic  Insane,  at  Wernersville,  was 
built  and  is  managed  under  the  Act  of  June  22,  1891,  P.  L.  379  (Lunatic 
Asylums  75  to  90),  the  purpose  of  the  asylum  being  to  care  for  persons 
who  have  been  insane  at  least  one  year.  Such  persons  are  sent  to  the 
asylum  by  the  Board  of  Public  Charities  from  the  various  hospitals, 
almshouses  and  poorhouses  of  the  State  and  the  several  counties  and 
townships  thereof.     The  trustees  are  required  to  equip  workshops  for 


MENTAL  DEFECTIVES.  51 

the  employment  of  the  largest  possible  number,  to  enable  them  to  con- 
tribute, to  the  extent  of  their  ability,  to  the  cost  of  their  maintenance. 

(7)  The  Homoeopathic  State  Hospital  for  the  Insane,  at  Allentown, 
is  established  under  the  Act  of  July  18,  1901,  P.  L.  737  (Lunatic  Asylums 
91  to  102J,  amended  by  the  Act  of  May  10,  191 1,  P.  L.  205,  to  care  for  the 
insane  from  the  counties  of  Bradford,  Bucks,  Carbon,  Lackawanna, 
Lehigh,  Monroe,  Northampton,  Pike,  Sullivan,  Susquehanna,  Wayne  and 
Wyoming.  The  same  laws  that  regulate  other  state  hospitals  for  the 
insane  are  extended  to  this  one,  and,  after  the  insane  from  the  above 
counties  are  cared  for,  the  Committee  on  Lunacy  of  the  State  Board  of 
Charities  may  transfer  patients  to  this  hospital  from  other  parts  of  the 
State.  This  hospital  was  opened  for  use  in  1913,  after  approximately 
$2,000,000  had  been  spent  for  construction. 

(8)  The  State  Hospital  for  the  Criminal  Insane,  at  Fairview,  Wayne 
County,  was  provided  for  by  the  Act  of  May  11,  1905,  P.  L.  400  (Lunatic 
Asylums  170  to  182),  the  said  hospital  to  be  used  for  the  treatment  and 
care  of  the  criminal  insane,  who  are  given  the  preference,  and  such  other 
insane  as  may  be  transferred  there  by  the  Committee  on  Lunacy  of  the 
Board  of  Public  Charities.  The  laws  relating  to  other  State  institutions 
are  extended  to  this  one. 

(9)  The  Western  Pennsylvania  State  Institution  for  the  Feeble- 
minded, at  Polk,  Venango  County,  was  established  under  the  Act  of 
June  3,  1893,  P.  L.  289  (Juveniles  44  to  62),  for  the  care  and  training  of 
idiotic  and  feeble-minded  children  under  twenty  years  of  age,  and 
such  feeble-minded  adults  of  inoffensive  habits  as  may  be  legally  com- 
mitted in  accordance  with  the  laws  relating  to  the  State  Hospitals  for 
the  Insane.  Children  are  admitted,  under  rules  laid  down  by  the  board 
of  trustees,  upon  application  (1)  by  the  father,  (2)  if  father  and  mother 
are  not  living  together,  by  the  one  having  custody  of  the  child,  (3)  by 
the  guardian,  (4)  by  the  superintendent  of  any  county  orphanage,  or 
(5)  by  the  person  having  the  management  of  any  other  institution  or 
asylum  where  children  are  cared  for.  Under  items  three,  four  and  five, 
consent  of  parents  is  not  required. 

(10)  The  Pennsylvania  Training  School  for  Idiotic  and  Feeble- 
minded Children,  at  Elwyn,  Delaware  County,  was  incorporated  under 
the  Act  of  April  7,  1853,  P.  L.  341  (Juveniles  40  to  43),  to  provide  for  the 
"mental,  moral  and  physical  education  of  idiotic  and  feeble-minded 
children.'' 

(11)  The  Eastern  Pennsylvania  State  Institution  for  the  Feeble- 
minded and  Epileptic,  at  Spring  City,  Chester  County,  is  established 
under  the  Act  of  May  15,  1903,  P.  L.  446.  which  is  similar  in  its  terms 
to  the  act  under  which  Polk  (see  (9))  is  established.  This  act  was 
supplemented  and  amended  by  the  Act  of  June  9,  191 1,  P.  L.  862,  the  Act 
of  June  20,  191 1,  P.  L.  1090,  and  the  Act  of  June  12,  1913,  P.  L.  494. 
The  latter  act  limits  the  territory  from  which  persons  can  be  sent  to 
thirty-four  counties  in  the  eastern  end  of  the  State,  and  provides  that 
admission  may  be  obtained  only  by  obtaining  a  court  order  committing 
the  patient  in  the  manner  therein  provided.  The  procedure  is  by  petition 
to  Quarter  Sessions  Court,  notice  to  all  parties  in  interest,  a  hearing,  a 


52  SOCIAL    LAWS    OF    PENNSYLVANIA. 

physician's  certificate,  an  inquiry  by  the  court  into  payment  of  the  cost 
of  care  by  relatives,  and  an  order  committing  the  person  and  ordering 
payment  of  the  cost  of  care,  which  may  be  placed  on  the  commonwealth. 
The  costs  of  the  hearing  are  payable  by  the  county  and  the  court  may 
allow  a  fee  of  $5  to  the  physician  and  $10  to  the  attorney,  to  be  paid  by 
the  county.  The  Committee  on  Lunacy  of  the  Board  of  Public  Charities 
may  transfer  patients  from  any  other  State  institution. 

(12)  The  Pennsylvania  Village  for  Feeble-minded  Women,  between 
the  ages  of  sixteen  and  forty-five,  to  be  located  on  a  portion  of  the  State 
forest  reserves,  was  provided  for  by  the  Act  of  July  25,  1913,  P.  L.  1319, 
and  the  sum  of  $40,000  was  appropriated  for  the  improvement  of  the 
land  selected  and  the  construction  and  furnishing  of  buildings.  Such 
women  may  be  committed  by  court  in  the  same  way  as  to  Spring  City 
(see  (11)  above),  or  they  may  be  sent  by  any  Board  of  Poor  Directors, 
or  transferred  by  the  Committee  on  Lunacy  of  the  Board  of  Public 
Charities  from  any  other  State  institution. 


CHAPTER  VI. 
PUBLIC  HEALTH. 


PAGE 


Introduction    53 

1.  State  Department  of  Health 53 

2.  Cities  of  the  First  Class. 

( 1 )  General   Health   Statutes 57 

(2)  Tenement  and  Housing  Laws 58 

3.  Cities  of  the  Second  Class. 

( 1 )  Department  of  Health 64 

(2)  Plumbing  Law   65 

(3)  Tenement  and  Housing  Laws 66 

(4)  Health  and  Housing  Ordinances  in  Pittsburgh 67 

4.  Cities  of  the  Third  Class 70 

5.  Boroughs  and  First  Class  Townships 70 

6.  Townships  of  the  Second  Class 71 

7.  Miscellaneous  Health  Laws 71 

INTRODUCTION. 

The  legislation  relating  to  the  public  health  and  housing  is  scattered 
through  many  statutes,  only  a  few  of  which  relate  to  the  whole  State. 
In  addition,  rules  and  regulations  of  the  State  Department  of  Health  and 
of  local  boards  of  health  have  the  force  and  effect  of  law.  It  is  mani- 
festly impossible  to  give  all  such  regulations,  but  the  more  important 
regulations  of  the  Department  of  Health  and  of  the  Philadelphia  Depart- 
ment of  Health  and  Charities  are  given,  and  in  Pittsburgh  the  rules  have 
largely  been  embodied  in  ordinances,  which  are  given,  the  aim  being  to 
make  this  chapter  a  workable  handbook  for  the  health  laws  and  regula- 
tions in  the  two  large  cities,  leaving  the  local  regulations  in  other  places 
to  be  obtained  from  the  local  boards  of  health  by  those  interested. 

Only  the  laws  dealing  directly  with  the  public  health  have  been 
included.  The  motive  behind  the  passage  of  many  other  laws  (as,  for 
example,  building  laws,  factory  laws,  water  supply  and  sewerage  laws, 
etc.)  is  protection  of  health,  but  such  laws  are  either  beyond  the  purpose 
of  this  handbook  or  are  given  elsewhere. 

1.     STATE  DEPARTMENT  OF  HEALTH. 

The  State  Department  of  Health  is  now  organized  under  the  Act  of 
April  27,  1905,  P.  L.  312  (Department  of  Health  1  to  17),  which  provides 
that  it  shall  "consist  of  a  Commissioner  of  Health  and  an  Advisory 
Board"  of  six  members,  without  salary,  consisting  of  at  least  four 
physicians  who  are  graduates  of  a  legally  constituted  medical  college 

(S3) 


54  SOCIAL   LAWS    OF    PENNSYLVANIA. 

and  of  at  least  ten  years'  experience  in  practiice,  and  one  member  of  the 
Board  shall  be  a  civil  engineer.  Their  term  is  four  years.  The  Commis- 
sioner of  Health  acts  as  president  and  has  a  vote  on  all  matters. 

Section  five  of  the  above  act  contains  the  following:  "It  shall  be 
the  duty  of  the  Advisory  Board  to  advise  the  Commissioner  on  such 
matters  as  he  may  bring  before  it,  and  to  draw  up  such  reasonable  orders 
and  regulations  as  are  deemed  by  said  Board  necessary  for  the  prevention 
of  disease  and  for  the  protection  of  the  lives  and  health  of  the  people  of 
the  State,  and  for  the  proper  performance  of  other  work  of  the  Depart- 
ment of  Health."  Copies  of  these  rules  and  regulations  are  furnished 
to  all  local  boards  of  health,  school  boards,  and  clerks  of  councils  of  cities 
and  boroughs,  and  are  printed  in  circular  form  and  given  to  any  one  who 
demands  them.  Section  16  makes  it  a  misdemeanor  punishable  by 
$100  fine  or  one  month's  imprisonment,  or  both,  to  violate  any  order  or 
regulation  of  the  Department  of  Health.  Such  orders  and  regulations 
have  therefore  the  force  and  effect  of  law.  They  may  be  enforced  by  any 
person,  in  the  same  way  as  any  other  law  the  violation  of  which  is  a 
misdemeanor,  by  information  before  a  justice  of  the  peace,  magistrate 
or  alderman;  and  the  Commissioner  of  Health  is  authorized  to  issue 
warrants  himself  to  any  sheriff,  constable  or  policeman. 

Section  eight  of  the  above  act  makes  it  the  duty  of  the  Commissioner 
of  Health  "to  protect  the  health  of  the  people  of  the  State,  and  to  deter- 
mine and  employ  the  most  efficient  and  practical  means  for  the  prevention 
and  suppression  of  disease."  To  this  end,  he  and  his  agents  may  "with- 
out fee  or  hindrance,  enter,  examine  and  survey  all  grounds,  vehicles, 
apartments,  buildings  and  places  within  the  state."  The  Commissioner 
may  revoke  or  modify  any  order,  regulation,  by-law  or  ordinance  of  a 
local  board  of  health,  concerning  a  matter  which,  in  his  judgment,  affects 
the  public  health  beyond  the  territory  over  which  such  local  board  has 
jurisdiction. 

In  the  Department  of  Health  there  is  organized  a  Bureau  of  Vital 
Statistics,  to  which  is  sent  by  the  local  health  authorities  in  all  parts  of  the 
State  the  certificates  of  birth  and  death  which  are  required  by  the  Act  of 
May  i,  1905,  P.  L.  330  (Department  of  Health  19  to  43).  This  very 
complete  collection  of  vital  statistics  will  become  of  increasing  importance 
as  the  period  covered  becomes  longer. 

Under  the  act  of  July  24,  1913,  P.  L.  1015,  a  Bureau  of  Housing  is 
established  as  part  of  the  State  Department  of  Health,  cities  of  the  first 
class  being,  however,  excepted  from  its  provisions.  It  is  the  duty  of  said 
Bureau  "to  investigate  the  sanitary  conditions  of  tenement,  lodging  and 
boarding  houses,  and  when  the  same  are  found,  in  the  opinion  of  said 
bureau,  to  be  a  menace  to  those  occupying  the  same,  or  employed  therein, 
or  to  be  overcrowded,  to  condemn  the  same,  and  to  notify  the  owners  or 
agents  thereof  in  writing,  setting  forth  the  unsanitary  or  overcrowded 
conditions  thereof,  and  specifying  in  writing  the  changes  or  alterations 
which  shall  be  made  thereto  for  the  purposes  of  relieving  such  conditions, 
and  further  specifying  the  time  within  which  such  changes  or  alterations 
shall  be  completed  or  overcrowding  relieved."  This  notice  is  filed  in 
court  and  in  ten  days  becomes  final  unless  appealed  from,  in  which  case 


PUBLIC  HEALTH.  55 

the  court  appoints  three  persons  to  consider  the  justice  of  the  notice,  and 
the  court  makes  a  final  order.  If  not  obeyed,  the  matter  is  certified  to  the 
District  Attorney,  whose  duty  it  is  to  institute  prosecution  for  a  misde- 
meanor. The  penalty  is  a  fine  of  $20  for  each  day  the  notice  or  order  is 
disobeyed,  and,  in  default  of  payment,  imprisonment  in  the  county  jail 
for  such  period  as  the  court  directs,  the  penalties  applying  to  officers  of 
corporations  or  members  of  firms,  either  as  owners  or  agents. 

Under  the  Act  of  May  4,  1905,  P.  L.  385  (Public  Waters  1  to  9), 
creating  a  water  supply  commission  of  which  the  Commissioner  of 
Health  is  a  member,  and  the  Act  of  April  22,  1905,  P.  L.  260  (Public 
Waters  10  to  24),  the  Commissioner  of  Health  is  given  large  powers  with 
respect  to  the  waters  of  the  State,  the  purification  of  streams,  the  con- 
servation of  water  powers,  the  construction  of  water  works  and  the 
control  of  sewage  disposal. 

Under  the  Act  of  May  14,  1907,  P.  L.  197  (Department  of  Health 
48a  and  48b),  the  Department  of  Health  is  authorized  to  acquire,  build 
and  equip  one  or  more  sanatoria  for  the  treatment  of  indigent  persons 
with  tuberculosis,  and  may  use  parts  of  the  State  forestry  reservations 
for  this  purpose.  The  Department  has  already  equipped  two  such 
institutions. 

The  Act  of  May  14,  1909,  P.  L.  855,  passed  at  the  instance  of  the 
State  Department  of  Health,  requires  the  report  by  physicians  of  all  cases 
of  contagious  or  infectious  diseases,  naming  them,  to  the  local  health 
authorities,  or  where  there  is  no  board  of  health,  then  to  the  State  Depart- 
ment of  Health.  The  list  of  diseases  mentioned  does  not  include  venereal 
diseases,  but  covers  the  following: 

Actinomycosis. 

Anthrax. 

Bubonic  plague. 

Cerebrospinal  meningitis  (epidemic). 

Cerebrospinal  fever  (spotted  fever). 

Chicken-pox. 

Asiatic  cholera. 

Diphtheria  (diphtheritic  croup,  menbraneous  croup,  putrid  sore 
throat). 

Epidemic  dysentery. 

Erysipelas. 

German  measles. 

Glanders  (farcy). 

Rabies  (hydrophobia). 

Leprosy. 

Malarial  fever. 

Measles. 

Mumps. 

Pneumonia  (true). 

Puerperal  fever. 

Relapsing  fever. 

Scarlet  fever  (scarlatina,  scarlet  rash). 

Smallpox  (variola,  varioloid). 


56  SOCIAL   LAWS    OF    PENNSYLVANIA. 

Tetanus. 

Trachoma. 

Trichiniasis. 

Tuberculosis  in  any  form. 

Typhoid  fever. 

Typhus  fever. 

Whooping  cough. 

Yellow  fever. 

Since  the  passage  of  this  act,  the  Department,  by  regular  Rules  and 
Regulations,  has  included  the  following  diseases  within  the  provisions  of 
the  act : 

Unciniara  duodenalis  (hook  worm). 

Pallagra. 

Anterior  poliomyelitis  (infantile  paralysis). 

Scabies. 

Impetigo-contagiosa. 
Under  the  Act  of  June  5,  1913,  P.  L.  443,  for  the  prevention  of  blind- 
ness, ophthalmia  neonatorum  is  now  included  in  this  list,  to  be  reported 
in  accordance  with  that  act. 

In  addition  to  requiring  the  report  of  diseases,  the  act  prescribes  a 
system  for  the  handling  of  the  various  diseases  above  mentioned  in  the 
way  of  quarantine,  placarding  premises,  disinfection,  attendance  at  school, 
use  of  public  conveyances  by  diseased  persons,  burial  preparations  and 
funerals,  and  authorizes  local  health  authorities  to  establish  additional 
regulations  to  protect  the  public  health. 

Under  the  Act  of  May  1,  191 3,  P.  L.  134,  the  Department  of  Health 
is  given  certain  powers  in  respect  to  the  manufacture  of  mattresses.  No 
second-hand  material  which  had  formerly  formed  part  of  mattresses  used 
in  a  hospital  can  be  used  at  all,  and  all  other  second-hand  material  must 
be  disinfected  and  sterilized  by  processes  approved  by  the  Department 
of  Health. 

As  before  stated,  the  Act  of  1905  gives  the  Department  of  Health 
the  power  to  make  rules  and  regulations  which  have  the  force  of  law. 
Many  such  rules  and  regulations  that  formerly  were  operative  have  been 
embodied  in  the  Act  of  1909  relating  to  contagious  diseases,  but  others  are 
still  in  force. 

One  set  relates  to  the  precautions  to  be  observed  in  the  sale  of  milk 
from  premises  where  diphtheria,  scarlet  fever,  smallpox,  typhoid  fever 
or  spotted  fever  exist.  It  is  required  that  those  engaged  in  the  business 
must  be  disinfected,  together  with  their  clothing,  and  required  to  keep  out 
of  the  infected  house  until  finally  disinfected.  If  these  precautions  are 
not  observed,  the  sale  of  milk  must  be  discontinued,  or  the  business 
removed  elsewhere. 

By  rules  adopted  January  23,  1906,  the  precautions  which  must  be 
observed  in  the  case  of  smallpox  are  set  forth  in  detail. 

By  other  rules  adopted  the  same  day,  applicable  to  schools  and 
colleges  outside  of  cities,  buildings  must  be  promptly  disinfected  after  the 
discovery  of  a  case  of  communicable  disease  therein.  The  patient  must 
be  taken  away  to  an  isolation  building,  or  if  this  is  not  possible,  then 


PUBLIC  HEALTH.  57 

must  be  strictly  isolated,  with  the  nurse,  in  a  room  as  remote  as  possible 
from  other  persons. 

On  January  3,  1913,  rules  relating  to  the  common  drinking  cup  and 
common  towel  were  adopted,  forbidding  the  furnishing  in  public  places 
of  such  articles,  or  their  use,  unless  disinfected  or  washed  after  each 
individual  use.  It  is  stated  that  "public  places  within  the  meaning  of 
this  regulation  shall  include  common  carriers,  private,  public,  parochial 
or  Sunday  schools,  industries,  factories,  theatres,  shops,  offices,  hotels, 

etc.,  etc." 

The  same  rules  forbid  barbers  to  use  a  common  brush  for  brushing 
the  eyes  of  their  patrons  unless  it  be  disinfected  after  each  individual  use. 

The  same  rules  also  forbid  the  use  of  eating  utensils  in  public  eating 
places  which  have  not  been  thoroughly  cleansed  after  each  individual  use. 

2.    CITIES  OF  THE  FIRST  CLASS. 

(i)    GENERAL   HEALTH    STATUTES. 

The  charter  act  for  cities  of  the  first  class,  being  the  Act  of  June  1, 
1885,  P.  L.  37,  as  amended  by  the  Act  of  April  8,  1903,  P.  L.  155  (Cities 
132),  creates  a  Department  of  Public  Health  and  Charities  in  cities  of 
the  first  class,  under  the  charge  of  a  director  (Cities  173),  and  to  which 
"shall  be  confided  the  care,  management,  administration,  and  supervision 
of  the  public  health,  charities,  almshouses,  hospitals,  and  all  other  similar 
institutions  the  control  or  government  of  which  is  intrusted  to  the  city." 

Under  the  Act  of  April  20,  1905,  P.  L.  228  (Cities  274  to  277),  the 
Department  was  authorized  to  make  rules  and  regulations  relating  to  the 
control  of  certain  contagious  diseases,  and  numerous  rules  were  made 
under  that  act,  but  it  is  probable  that  both  the  act  and  the  rules  have 
been  superseded  by  the  general  act  relating  to  such  diseases,  being  the 
Act  of  May  14,  1909,  P.  L.  855,  referred  to  under  the  heading  "State 
Department  of  Health."  Under  the  latter  act  the  Department  has  issued 
a  set  of  rules  relating  to  interments,  burial  permits  and  disinfecting 
premises  after  a  case  of  contagious  disease.  There  is  a  penalty  for 
violating  any  of  these  rules  of  $20  to  $100.  or  10  to  30  days  in  the  county 

jail. 

Under  the  Act  of  April  26,  1907,  P.  L.  123  (Cities  281a  to  28if),  as 
amended  by  the  Act  of  July  25,  1913,  P.  L.  1042,  slaughtering  of  animals 
and  the  sale  of  meat  without  a  license  is  forbidden,  and  the  Department 
is  empowered  to  issue  such  licenses  and  to  enact  rules  and  regulations 
governing  such  matters.  Detailed  regulations  governing  slaughter  houses, 
pork  packing,  meat  shops,  fish  houses  and  poultry  shops  have  been  adopted 
by  the  Philadelphia  Board  of  Health,  and  any  unsanitary  condition  exist- 
ing in  such  places  should  be  called  to  their  attention,  for  that  board  has 
full  power  under  the  law  to  remedy  the  same,  either  by  a  fine  for  viola- 
tion of  the  regulations  or  by  revoking  the  license. 

Under  the  Act  of  April  27,  1909,  P.  L.  237,  the  Bureau  of  Health 
has  similar  powers  regarding  the  sale  of  milk.  It  is,  however,  obligatorv 
upon  the  Bureau  to  issue  a  license  upon  payment  of  the  fee  of  $5. 
but  it  may  be  revoked  at  any  time  upon  five  days'  notice  for  failure  to 


58  SOCIAL    LAWS    OF    PENNSYLVANIA. 

obey  the  law  or  the  rules  and  regulations  of  the  Bureau.     The  Bureau 
therefore  has  ample  power  to  enforce  sanitary  conditions. 

_ Under  the  Act  of  May  19,  1897,  P.  L.  77,  (Municipalities  47  to  49), 
the  Board  of  Health  of  Philadelphia  has  adopted  rules  and  regulations 
governing  bone  boiling  establishments. 

Under  the  Act  of  June  7,  191 1,  P.  L.  680,  providing  for  the  licensing 
of  plumbers  and  containing  the  plumbing  specifications  for  first  class 
cities,  the  Bureau  of  Health  is  empowered  to  make  "such  rules,  regula- 
tions and  changes  in  the  foregoing  specifications  relative  to  the  construc- 
tion of  the  plumbing  or  house  drainage"  as  the  Bureau  may  deem  neces- 
sary or  advisable  for  the  protection  of  health.  Under  this  power  the 
Bureau  of  Health  of  Philadelphia  has  issued  a  sixty-four  page  booklet 
containing  such  rules  and  regulations. 

Under  the  Act  of  July  22,  1913,  P.  L.  879,  the  Board  of  Health  has 
passed  rules  and  regulations  relating  to  the  use  and  regulation  of  dumps 
in  the  City  of  Philadelphia. 

Under  the  Act  of  June  25,  1913,  P.  L.  544,  the  Board  of  Health  of 
cities  of  the  first  class  is  empowered  to  abate  nuisances  in  private  alleys 
after  ten  days'  service  of  notice  upon  the  owner.  If  the  nuisance  is 
caused  by  failure  to  grade  or  pave,  the  Board,  after  notice,  may  cause  the 
same  to  be  properly  done,  at  the  expense  of  the  owner,  and  may  file  a  lien 
on  the  property  to  cover  the  expense. 

Under  the  Act  of  July  25,  191 3,  P.  L.  1041,  the  Board  of  Health  is 
empowered  to  make  rules  and  regulations  for  the  sanitary  keeping  of  all 
stables  within  the  city,  and  for  the  collecting,  storing  and  transporting  of 
manure.  No  manure  may  be  collected  or  stored  without  a  permit  from 
the  Board  or  contrary  to  the  terms  of  such  permit  or  of  the  regulations. 
Any  violation  of  the  act  or  of  the  rules  and  regulations  is  punishable  by 
process  of  summary  conviction  by  a  fine  of  $2  to  $5  or  by  imprisonment 
of  one  to  five  days  in  default  of  fine. 

(2)   TENEMENT  AND  HOUSING  LAWS. 

Until  the  general  housing  act  of  July  22,  1913,  P.  L.  879,  was 
passed,  tenement  house  conditions  in  Philadelphia  were  regulated  under 
the  Act  of  June  7,  1907,  P.  L.  441  (Cities  308a,  et  seq.),  which  merely 
made  it  the  duty  of  the  mayor  to  grant  "tenement-house  licenses"  each 
year  for  tenement  houses  in  which  the  rules  and  regulations  of  the 
Department  of  Health  and  Charities  have  been  complied  with.  The  Act 
of  1907  was  not  repealed  by  the  Act  of  1913,  and  is  still  in  force,  so  that 
the  rules  made  under  that  act  are  still  enforceable  unless  they  are  in 
conflict  with  some  provision  of  the  Act  of  1913,  which  very  few  or  none 
of  them  are.  It  is  therefore  necessary  to  give  an  outline  of  these  rules 
as  well  as  the  provisions  of  the  Act  of  1913  in  order  to  cover  this  subject. 

The  Act  of  1907  defines  a  tenement  house  as  "every  building  which, 
or  a  portion  of  which,  is  occupied,  or  is  to  be  occupied,  as  a  residence 
by  three  or  more  families,  living  independently  of  each  other,  and  doing 
their  cooking  upon  the  premises."  The  Rules  and  Regulations  of  the 
Department  are  herewith  given  in  full,  as  follows : 


PUBLIC  HEALTH.  59 

1.  Definitions. — Buildings  not  erected  for  use  as  a  tenement  house, 
but  converted  or  altered  to  such  use,  or  being  now  occupied  by  three  or 
more  families,  doing  their  cooking  on  the  premises,  shall  become  subject 
to  all  the  provisions  of  these  Rules. 

i.  A  basement  is  a  story,  partly,  but  not  more  than  one-half  below 
the  level  of  the  curb. 

2.  A  cellar  is  a  story  more  than  one-half  below  the  level  of  the  curb. 

3.  The  term  apartment  in  these  Rules  shall  mean  a  room  or  suite  of 
rooms  occupied  by  a  single  family. 

4.  A  public  hall  is  a  hall,  corridor  or  passageway  not  within  an 

apartment. 

II.  Rooms,  Lighting  of. — No  room  in  a  now  existing  tenement 
house  shall  be  occupied  for  living  purposes  unless  it  shall  have  a  window 
upon  the  street,  or  upon  a  yard  not  less  than  four  feet  deep,  or  upon  a 
court  or  shaft  of  not  less  than  twenty-five  feet  square  in  area,  open  to 
the  sky  without  roof  or  skylight ;  Provided,  however,  that  such  room  may 
be  occupied  for  living  purposes  if  it  has  a  sash  window  opening  into  an 
adjoining  room  in  the  same  apartment,  which  latter  room  opens  directly 
either  on  the  street,  or  on  a  yard  of  the  above  dimensions.  Said  sash 
window  shall  be  at  least  three  feet  by  five  feet  between  stop  beads,  and 
both  halves  shall  be  made  so  as  to  readily  open.  Where  it  is  not  possible 
to  construct  a  window  of  this  width,  then  such  window  may  be  of  such 
size  as  may  be  prescribed  by  the  Division  of  Tenement  House  Inspection, 
but  such  window  shall  never  contain  less  than  fifteen  square  feet  of  glazed 
surface. 

III.  Over  crowding. — No  room  shall  be  occupied  by  such  a  number 
of  persons  that  there  shall  be  afforded  less  than  400  cubic  feet  of  air  to 
each  person  over  twelve  years  of  age,  and  200  cubic  feet  of  air  to  each 
child  under  twelve  years  of  age  occupying  such  room. 

IV.  Public  Halls,  Lighting  of.— The  public  hall  or  landing  at  the 
head  of  the  highest  flight  of  stairs  shall  be  lighted  on  the  same  floor  or 
the  floor  immediately  below  by  a  window  or  windows  opening  to  the  outer 
air,  or  by  a  skylight  directly  over  the  stairway;  Provided,  that  where 
existing  means  fully  light  the  hall  or  landing  on  the  top  floor  such  pro- 
vision shall  be  deemed  sufficient,  and  the  construction  of  a  window  or 
skylight  shall  not  be  required.  On  the  other  floors  every  public  hall  which 
is  not  lighted  by  a  window  shall  be  lighted  by  light  transmitted  from  the 
room  either  by  transoms,  or  by  glass  in  a  door,  or  doors,  or  in  the  walls 
of  a  room  or  rooms. 

V.  Public  Halls,  Lighting  of  at  Night.— Proper  lights  shall  be  kept 
burning  at  night  in  public  stair-halls,  upon  the  entrance  floor  and  upon 
the  second  floor. 

VI.  Wall  Paper.— -No  wall  paper  shall  be  placed  upon  a  wall  or 
ceiling  of  any  tenement  house,  unless  all  wall  paper  shall  be  first  removed 
therefrom,  and  said  wall  and  ceiling  thoroughly  cleaned. 

VII.  Cellars,  Living  Purposes.— No  cellar  or  basement  shall  be 
occupied  for  sleeping  purposes,  unless  all  of  the  following  conditions  are 
complied  with : 


60  SOCIAL    LAWS    OF    PENNSYLVANIA. 

i.  Such  room  shall  be  at  least  seven  feet  high  in  every  part  from 
the  floor  to  the  ceiling. 

2.  The  ceiling  of  such  room  shall  be  at  least  four  feet  and  six  inches 
above  the  surface  of  the  street  or  ground  outside  of  or  adjoining  the  same. 

3.  There  shall  be  appurtenant  to  such  room  the  use  of  a  separate 
water  closet  constructed  and  arranged  as  required  by  Rule  XII  of  these 
rules. 

4.  Such  room  shall  have  a  window  or  windows  opening  upon  the 
street  or  upon  a  yard  or  court.  The  total  area  of  windows  of  such  room 
shall  be  at  least  one-eighth  of  the  superficial  area  of  the  room,  and  one- 
half  of  the  sash  shall  be  made  to  open  the  full  width,  and  the  top  of  each 
window  shall  be  within  six  inches  of  the  ceiling. 

5.  All  walls  surrounding  such  room  shall  be  damp-proof. 

6.  All  floors  of  such  room  shall  be  damp-proof  and  water-proof. 

VIII.  Cellars,  Ventilation  of. — All  cellars  and  basements  in  such 
tenement  houses  shall  be  propery  lighted  and  ventilated  to  the  satisfaction 
of  the  Division  of  Tenement  House  Inspection. 

IX.  Cellar  Floors. — All  walls  below  the  ground  level  and  all  cellar 
or  lower  floors  shall  be  damp-proof  and  water-proof,  when  in  the  opinion 
of  the  Division  of  Tenement  House  Inspection  conditions  warrant  it. 

X.  Cellar  Walls  and  Ceilings. — The  cellar  walls  and  ceilings  of 
every  tenement  house  shall  be  thoroughly  whitewashed  or  painted  a  light 
color  by  the  owner,  and  shall  be  so  maintained.  Such  whitewash  or  paint 
shall  be  renewed  whenever  necessary,  as  may  be  required  by  the  Division 
of  Tenement  House  Inspection. 

XL  Water  shall  be  introduced  and  capable  of  being  drawn  in  full 
supply  on  the  first,  second  and  third  floors. 

XII.  Water-closets. — There  shall  be  at  least  one  water-closet  con- 
tained in  a  separate  compartment  for  each  family  occupying  the  premises, 
except  that  when  there  are  apartments  consisting  of  only  one  or  two 
rooms,  there  shall  be  not  less  than  one  water-closet  for  each  three  families 
occupying  such  apartment.  The  construction  of  such  closets  shall  be  in 
accordance  with  the  Rules  and  Regulations  of  the  Board  of  Health  govern- 
ing House  Drainage,  and  the  size  of  each  compartment  in  which  such 
closet  is  erected  shall  in  no  case  be  less  than  two  feet  four  inches  in  width 
and  depth. 

XIII.  Enclosure  of  Water-closets  and  Sinks. — No  woodwork  casing 
shall  enclose  the  water-closets  or  sinks.  The  space  under  them  shall  be 
left  open.  The  floor  and  wall  surface  beneath  and  around  such  water- 
closets  and  sinks  shall  be  maintained  in  good  order  and  repair,  and  if  of 
wood  shall  be  kept  well  painted  with  light  colored  paint. 

XIV.  Repairs. — All  parts  of  every  house  shall  be  kept  in  good 
repair,  including  the  roof,  which  shall  be  so  designed  as  to  prevent  damp- 
ness prejudicial  to  health  either  within  the  building  or  upon  the  adjacent 
premises. 

XV.  Cleanliness  of  Buildings  and  Yards. — All  parts  of  every  house 
and  the  yard,  courts,  passages,  areas  and  alleys  connected  with  or  belong- 
ing thereto  shall  be  kept  clean  and  free  from  any  accumulation  of  dirt, 
filth,  garbage  or  other  matter. 


PUBLIC  HEALTH.  61 

XVI.  Drainage  of  Yards,  etc. — All  shafts,  courts,  areas,  alleys  and 
yards  of  all  tenement  houses  shall  be  properly  paved,  graded  and  drained 
to  the  satisfaction  of  the  Division  of  Tenement  House  Inspection. 

XVII.  Receptacles  for  Ashes  and  Garbage. — The  owner  of  every 
tenement  house  shall  provide  for  said  building  proper  and  suitable  con- 
veniences or  receptacles  for  ashes,  rubbish,  garbage,  refuse  and  other 
matter,  which  shall  be  so  placed  on  each  floor  as  to  be  readily  accessible 
to  each  family  occupying  apartments  on  those  floors,  and  shall  be  of  such 
design  and  capacity  as  to  permit  of  their  removal  daily  to  be  emptied  and 
cleansed. 

XVIII.  Animals  on  Premises. — Xo  horse,  cow,  calf,  swine,  sheep, 
goat  or  fowl  shall  be  kept  or  slaughtered  in  any  tenement  house,  or  on 
any  lot  on  a  part  of  which  said  tenement  is  erected. 

XIX.  Prohibited  Use. — Xo  tenement  house,  or  any  part  of  build- 
ing of  which  a  part  may  be  used  for  tenement  purposes,  shall  be  used  for 
storage  or  handling  of  rags  or  waste. 

XX.  Alterations  and  Repairs. — Xo  alterations  nor  additions  shall 
be  made  to  any  tenement  house,  nor  shall  any  house  be  converted  into  a 
tenement  house,  in  the  City  of  Philadelphia,  without  the  plans  and  speci- 
fications for  such  alterations  having  been  submitted  to  and  approved  by 
both  the  Bureau  of  Building  Inspection  and  the  Department  of  Public 
Health  and  Charities. 

XXI.  Sinks  in  Rooms. — One  sink  supplied  with  running  water  shall 
be  provided  in  every  suite  of  rooms.  But  in  case  of  apartments  which 
consist  of  single  rooms  or  two  rooms,  one  sink  per  two  families  is 
sufficient,  provided  that  there  is  a  sink  on  the  first,  second  and  third  floors. 

The  first  few  sections  of  the  Act  of  July  22,  191 3,  P.  L.  879,  provide 
for  the  establishment  in  the  Department  of  Public  Health  and  Charities  of 
a  Division  of  Housing  and  Sanitation  with  jurisdiction  "over  all  matters 
coming  within  the  provisions  of  this  act,  and  all  laws,  ordinances,  and  the 
rules  and  regulations  of  the  Board  of  Health,  in  any  way  affecting  or 
regulating  the  use,  occupancy,  sanitation,  or  maintenance  of  all  buildings, 
the  grounds  surrounding  same,  and  all  vacant  lands  mentioned  in  this  act." 

The  act  applies  to  three  "grades"  of  buildings,  as  follows :  Buildings 
of  the  highest  or  first  grade  include  all  "dwellings,"  as  hereafter  defined, 
Buildings  of  the  second  grade  include  all  two-family  dwellings,  as  here- 
after defined.  Buildings  of  the  third  and  lowest  grade  include  all  room- 
ing houses  and  tenements,  as  hereafter  defined. 

A  "tenement"  is  any  house  or  building  which,  or  a  portion  of  which, 
is  occupied  as  a  residence  by  three  or  more  families,  living  independently 
of  each  other,  and  doing  their  cooking  on  the  premises,  and  having  a  com- 
mon right  in  the  halls,  stairways,  yard,  cellar,  or  water-closets  thereof, 
or  some  of  them ;  or  by  two  or  more  families  occupying  apartments  above 
the  first  floor,  living  independently  of  each  other,  and  having  a  common 
right  in  the  halls,  stairways,  yard,  cellar,  or  water-closets  thereof,  or  some 
of  them. 

A  "dwelling"  is  any  building  not  a  lodging  house  under  the  law  (see 
Miscellaneous  Health  Laws,  infra),  and  not  a  tenement,  rooming-house 
or  inn,  all  or  any  part  of  which  is  occupied  as  the  home  or  residence  of 


62  SOCIAL    LAWS    OF    PENNSYLVANIA. 

a  family,  or  of  two  or  more  families  living  independently  of  each  other, 
and  having  no  common  right  or  use  in  any  hall,  stairway,  cellar,  water- 
closet,  or  privy ;  and  whether  such  house  is  built  singly,  or  as  part  of  a 
double  house,  or  in  conjunction  with  others  in  an  attached  or  semi- 
detached row. 

A  "two-family  dwelling"  is  any  house  not  a  tenement,  dwelling, 
rooming  house  or  inn,  and  which  is  occupied  by  two  families,  who  use 
a  common  entrance  or  hallway. 

A  "rooming-house"  is  any  house  or  building,  or  portion  thereof,  not 
a  lodging-house,  tenement  or  inn,  and  in  which  persons,  either  as  indi- 
viduals or  families,  are  harbored  or  received,  housed  or  lodged,  for  hire 
or  otherwise,  for  a  single  day  or  night  or  longer  period ;  provided  this 
shall  not  include  a  dwelling  where  less  than  five  persons  are  so  received 
or  lodged,  or  where  more  than  half  the  sleeping  rooms  are  used  solely  by 
the  members  of  the  immediate  family  owning  or  leasing  and  occupying 
the  house,  and  by  their  domestic  servants. 

Section  5  of  the  act  provides  that  all  plans  for  the  construction  or 
alteration  of  the  buildings  of  any  grade  must  be  approved  by  the  Division 
of  Housing  and  Sanitation. 

Section  6,  referring  to  tenements,  provides  that  20%  of  the  lot  area 
must  be  open  and  unobstructed,  except  a  corner  lot,  in  which  10%  must 
be  left  open,  or,  where  there  are  streets  twenty  feet  wide  on  three  sides, 
the  building  may  cover  the  entire  lot  if  at  least  one  window  in  each 
room  opens  on  one  of  the  streets.  The  open  spaces  thus  provided  for 
shall  be  at  least  eight  feet  wide  and  light  courts  at  least  twelve  feet ;  but 
these  restrictions  do  not  apply  to  houses  occupied  as  tenements  before 
June  7,  1895,  and  to  such  other  buildings  "as  have  been  listed  on 
the  records  of  the  Department  of  Health  and  Charities  and  consecutively 
occupied  as  tenements  prior  to  January  1,  1914." 

Under  section  9  two-family  dwellings  are  subject  to  the  same  require- 
ments as  dwellings,  unless  otherwise  specifically  stated. 

Under  section  n,  when  any  windows  are  within  five  feet  of  a  fence, 
wall  or  building,  then  the  latter  shall  be  whitewashed  or  painted  white, 
and  maintained  so  as  to  reflect  the  maximum  available  light  to  such 
windows. 

Under  section  12  windows  in  tenements  must  be  of  the  size  of  at  least 
twelve  square  feet  per  room,  must  open  on  a  street,  yard  or  open  area, 
and  the  upper  half  of  it  must  open  fully.  In  buildings  of  other  grades 
windows  must  be  of  an  approved  lighting  area  and  open  to  the  outer  air. 

Under  section  13,  rooms  must  not  be  subdivided  by  a  fixed  or  movable 
partition  unless  both  parts  have  separate  windows,  and  a  floor  area  of  not 
less  than  70  square  feet. 

Section  14  provides  for  a  window  on  each  floor  in  the  public  halls  of 
tenements,  two-family  dwellings  and  rooming  houses ;  but  where  this 
cannot  reasonably  be  done,  then  translucent  glass  panels  may  be  inserted 
in  the  wall  or  doors  of  rooms  whose  windows  open  to  the  outer  air  and 
a  ventilating  skylight  shall  be  put  in  at  the  top  floor.  If  the  halls  are  not 
then  adequately  lighted,  the  owner  must  provide  sufficient  artificial  light ; 
and  an  adequate  light  must  be  maintained  at  night,  near  the  stairs  until 
10  P.  M.  and  at  the  entrance  and  in  the  second  floor  hall  all  night. 


PUBLIC  HEALTH.  63 

Under  section  16,  the  Division  of  Housing  and  Sanitation  may  order 
the  walls  and  ceiling  whitewashed  or  painted  a  light  color  for  the  purpose 
of  improving  the  lighting. 

Under  section  17,  the  cellar,  "when  feasible,"  shall  be  ventilated  and 
lighted  by  windows. 

Under  section  18,  no  cellar  or  cellar-room  shall  be  used  for  human 
habitation.  When  basement  (less  than  one-half  below  the  surface) 
rooms  are  so  used,  they  must  be  at  least  seven  feet  high,  with  dry  walls. 
They  shall  not  be  used  for  sleeping  purposes  unless  the  house  has  along 
the  side  containing  the  window  an  open  area  not  less  than  2^2  feet  wide 
and  extending  from  six  inches  below  the  floor  to  the  street  level.  This 
area  shall  be  drained  to  the  sewer. 

Under  section  19  all  courts,  yards,  areas  and  alleys  about  buildings 
of  all  grades  must  be  properly  graded  and  satisfactory  sanitary  con- 
ditions maintained. 

Under  sections  20  and  21,  rain  conductors  must  be  connected  to  the 
sewer  if  there  is  one;  and  must  not  discharge  water  on  the  sidewalk  on 
the  adjoining  property;  and  they  must  not  be  used  for  sewage. 

Every  house  must  be  connected  to  a  sewer  if  there  is  one  accessible. 

Under  secton  23,  every  dwelling  must  be  provided  with  a  water- 
closet  when  there  is  a  sewer  connection,  and  at  least  one  water-closet 
compartment  must  open  into  a  hall  or  passageway  independent  of  a  room 
used  for  sleeping  purposes. 

Under  section  24,  there  must  be  one  water-closet  for  every  four 
rooms.  In  every  two-family  house  or  tenement  there  must  be  one  for  each 
family,  except  that  where  there  are  apartments  of  one  or  two  rooms  there 
must  be  one  for  each  two  families.  The  general  water-closet  accommoda- 
tions of  a  rooming-house  or  tenement  must  not  be  in  the  cellar,  but  the 
Board  of  Health  may  grant  a  permit  to  put  a  water-closet  in  a  cellar. 

Under  section  25,  where  a  sewer  is  not  accessible,  a  privy-vault  con- 
structed in  accordance  with  rules  of  the  Board  of  Health  shall  be 
furnished.     It  must  be  cleaned  frequently  and  lime  freely  used. 

Section  26  regulates  water  supply  as  follows :  In  buildings  of  all 
grades,  an  adequate  supply.  In  apartments  of  only  one  room,  an  accessi- 
ble supply  for  every  two  apartments.  In  rooming-houses,  a  supply  on 
each  floor,  except  that  where  there  are  less  than  three  rooms  on  a  floor, 
then  on  every  alternate  floor.  In  tenements,  a  supply  in  each  apartment. 
At  every  water  fixture,  there  must  be  a  sink,  with  a  properly  trapped 
drain,  not  enclosed  with  woodwork. 

Section  29  regulates  overcrowding  by  providing  that  no  room  in  a 
dwelling,  rooming-house  or  tenement,  when  used  for  sleeping  purposes, 
shall  be  occupied  at  any  one  time  by  more  than  would  give  to  each 
occupant  over  twelve  at  least  400  cubic  feet  of  air  space.  When  over- 
crowding is  found,  the  Division  of  Housing  and  Sanitation  shall  place  a 
tin  placard  in  the  room  stating  number  of  persons  the  room  may  accom- 
modate. 

Under  section  30,  the  Division  of  Housing  and  Sanitation  may  vacate 
any  building  unfit  for  habitation,  and,  after  due  notice  upon  the  owners, 
may  remove  the  same  at  their  expense. 


64  SOCIAL    LAWS    OF    PENNSYLVANIA. 

Under  section  31,  wall  paper  may  be  ordered  removed,  and  after  a 
case  of  contagious  disease  new  wall  paper  may  only  be  put  on  the  walls 
after  all  the  old  has  been  removed. 

Under  section  32,  animals  shall  not  be  kept  or  slaughtered  in  a 
dwelling,  rooming-house  or  tenement ;  but  the  Division  of  Housing  and 
Sanitation  may  grant  a  permit  to  keep  animals  or  fowls  in  the  yard  or 
property  adjoining. 

Section  33  forbids  the  keeping  of  feed,  hay,  straw  and  other  in- 
flammable materials  in  or  about  such  buildings,  except  in  stables,  and  in 
that  case  manure  must  be  removed  within  seven  days,  except  in  sparsely 
settled  districts. 

Section  34  forbids  manufacturing  in  such  houses  without  a  permit 
from  the  Board  of  Health,  which  must  be  refused  if  the  work  would 
create  dust,  foul  odors,  or  undue  noise,  or  would  be  liable  to  injure  the 
health  and  safety  of  tenants,  neighbors  or  workers.  No  room  must  be 
used  at  one  time  by  more  persons  than  would  give  to  each  at  least  400 
cubic  feet  of  air  space. 

Under  section  35,  the  Division  of  Housing  and  Sanitation  may 
require  a  resident  .janitor  in  every  tenement  house  occupied  by  six  or  more 
families. 

Under  section  36  all  buildings  of  more  than  three  stories  must  have 
fire-escapes  as  provided  by  law,  and  also  rooming  houses  and  tenements 
of  three  stories  when  the  third  floor  contains  more  than  five  rooms  and  a 
bath-room,  and  is  occupied  by  more  than  ten  persons.  Every  apartment 
in  other  buildings  must  be  equipped  with  a  satisfactory  wire,  chain  or 
other  safe  fire-escape.  Fire-escapes  must  be  kept  in  good  order  and 
unincumbered. 

Under  section  38,  no  wooden  building  over  three  stories  must  be 
occupied  as  a  tenement,  and  within  the  fire  limits  no  wooden  building 
whatever. 

Under  sections  39  and  40  there  must  be  adequate  fire-proofing  where 
a  business  requiring  combustible  materials  is  carried  on,  as  an  oil  or 
paint  shop,  or  where  there  is  a  bakery  or  where  fat  is  boiled. 

The  remainder  of  the  act  contains  general  provisions  empowering 
the  Division  of  Housing  and  Sanitation  to  enforce  cleanliness,  garbage 
and  ashes  collection,  and  repairs,  and  to  make  rules  and  regulations,  grant 
licenses  and  enforce  the  act  by  prosecution.  Private  prosecution  is  also 
allowed,  but  if  there  were  not  grounds  which  the  court  considers  reason- 
able, the  costs  may  be  imposed  on  the  prosecutor.  The  penalty  for  a  first 
offence  is  $5  to  $50  fine  and  for  subsequent  offences  $25  to  $200  or 
imprisonment  for  not  more  than  60  days,  or  both ;  after  notice  from  the 
Division  of  Housing  and  Sanitation  each  week  that  a  violation  of  the  act 
continues  constitutes  a  new  offence. 

3.     CITIES  OF  THE  SECOND  CLASS. 

(i)   DEPARTMENT  OF  HEALTH. 

Under  the  Act  of  April  1,  1909,  P.  L.  83,  amending  the  charter  act 
of  cities  of  the  second  class  of  March  7,  1901,  a  Department  of  Health, 


PUBLIC  HEALTH.  65 

headed  by  a  Director,  is  established,  to  which  department  is  confided  the 
enforcement  of  the  general  health  laws  relating  to  cities  of  the  second 
class.  In  Pittsburgh,  the  Department  of  Health  has  four  Bureaus, 
namely,  (1)  the  Bureau  of  Infectious  Diseases,  which  looks  after  trans- 
missible Diseases,  Disinfection,  Bacteriology  and  School  Medical  Inspec- 
tion;  (2)  the  Bureau  of  Sanitation,  which  looks  after  Sanitary  Plumbing 
and  Tenement  House  Inspection  and  Smoke  Inspection;  (3)  the  Bureau 
of  Food  Inspection,  and  (4)  the  Bureau  of  Child  Welfare,  which  has 
charge  of  school  medical  supervision,  educational  centres,  municipal  milk 
stations,    supervision   of   midwives   and    conservation   of   the   health    of 

children. 

Under  the  Act  of  June  26,  1895,  P.  L.  350,  as  amended  by  the  Act  of 
May  2,  1899,  P.  L.  164  (Cities  525  to  549) >  the  Department  of  Health  is 
given  full  power  to  abate  nuisances  both  in  the  streets  and  on  private 
premises,  to  charge  the  cost  thereof  to  the  person  responsible  for  the 
nuisance  and  to  punish  persons  who  create  the  nuisance  for  violation  of 

the  act. 

As  a  supplement  to  the  foregoing  act,  the  Act  of  April  29,  191 1,  P.  L. 
103,  empowers  the  Department  of  Health  to  order  the  vacation  of  any 
building  within  ten  days  which  has  become  unfit  for  use  or  dangerous  to 
health,  the  same  to  remain  vacant  until  the  danger  is  removed  or  the 
building  repaired ;  or,  when  the  danger  cannot  be  removed  by  repairs,  to 
order  its  destruction  by  notice  posted  on  the  premises  and  also  mailed  to 
the  owners  or  their  agents.  If  the  building  is  not  then  destroyed,  the 
Department  of  Health  may  destroy  it  at  the  expense  of  the  city;  and 
the  cost  thereof  may  be  recovered  by  suit  against  the  owner,  which  suit 
shall  be  a  lien  against  the  premises.  The  act  also  provides  a  method  of 
appeal  to  court  from  the  order  of  the  Department,  by  which  the  order 
of  destruction  of  the  building  may  be  superseded,  upon  the  giving  of  bond 
by  the  owner. 

(2)    PLUMBING   LAW. 

The  Act  of  June  7,  1901,  P.  L.  493  (Cities  611  to  686),  as  amended 
by  the  Acts  of  May  14,  1909,  P.  L.  840  and  June  12,  1913,  P.  L.  476, 
regulates  the  construction  of  plumbing  in  cities  of  the  second  class,  the 
act  being  extended  to  cities  of  the  third  class  by  the  Act  of  1909.  This 
act  is  very  long  and  relates  almost  wholly  to  construction  work,  only  a 
few  sections  relating  to  health  regulations.  It  is  required  that  when- 
ever at  all  possible  there  shall  be  sewer  connection  from  all  buildings, 
and  cess-pools  and  privy  vaults  must  be  discontinued.  The  61  st  section,  as 
amended  in  1909,  provides  that  it  shall  not  be  awful  "to  continue  a  privy 
vaul  or  cesspool  on  any  lot,  piece  or  parcel  of  ground  abutting  on  or 
contiguous  to  any  public  sewer,  within  the  city  limits.  The  department 
of  health  shall  have  the  power  to  issue  notice,  giving  at  least  three 
months'  time  to  discontinue  the  use  of  any  cesspool  and  have  it  cleaned 
and  filled  up.  Xo  connection  for  any  cesspool  or  privy  vault  shall 
be  made  with  any  sewer ;  nor  shall  any  water-closet  or  house  drain  empty 
into  a  cesspool  or  privy  vault."  Under  the  66th  section,  as  amended  in 
1909,  upon  request  of  the  owner  or  complaint  by  any  citizen  that  the 


66  SOCIAL    LAWS    OF    PENNSYLVANIA. 

plumbing  is  not  in  proper  order  in  any  building,  it  shall  be  examined  by 
the  Department  of  Health  and  the  necessary  changes  shall  be  reported  to 
the  owner,  with  the  time  fixed  within  which  they  must  be  completed. 
If  they  are  not  so  completed,  the  Department  may  institute  an  action 
before  an  alderman,  justice  of  the  peace  or  court  of  record  to  force 
compliance. 

For  the  purpose  of  carrying  this  act  into  effect  in  the  City  of  Pitts- 
burgh, the  ordinance  of  May  31,  191 1,  O.  B.  Vol.  23,  page  157,  was  passed 
providing  for  a  plumbing  inspector  and  empowering  him  to  enter  buildings 
for  the  purpose  of  enforcing  the  law  at  any  time  of  the  day  or  night  and 
notify  the  owners  of  any  violation  of  the  law.  The  ordinance  also  pro- 
vides that  when  unsanitary  conditions  exist  in  any  public  buildings, 
schools,  churches  or  colleges,  the  Department  of  Health,  after  notice, 
may  close  such  buildings  until  such  conditions  are  corrected.  All  dwell- 
ing houses  shall  be  provided  with  proper  sinks  with  running  water,  and 
water-closets  must  not  be  in  direct  communication  with  any  kitchen, 
dining-room  or  restaurant,  and  must  have  communication  with  outside  air. 

(3)    TENEMENT  AND   HOUSING  LAWS. 

Tenement  houses  are  regulated  in  cities  of  the  second  class  by  the 
Act  of  March  25,  1903,  P.  L.  54  (Cities  597  to  609).  This  act  defines 
a  tenement  house  as  any  building  "which  is  (a)  intended  or  designated 
to  be  occupied,  or  (b)  leased  for  occupation,  or  (c)  actually  occupied  as 
a  home  or  residence  for  three  or  more  families  living  in  separate  apart- 
ments and  doing  their  cooking  upon  the  premises ;"  a  "basement"  is  "a 
story  partly,  but  not  more  than  one-half,  below  the  level  of  the  street  or 
ground  surrounding  the  same ;"  and  a  "cellar"  is  a  story  more  than  one- 
half  below  ground. 

Under  section  2  no  cellar  room  shall  be  used  for  living  purposes,  and 
no  basement  room  unless  (1)  the  ceiling  be  8  feet  6  inches  high,  (2)  at 
least  one  window  in  each  room  opens  upon  the  street  or  upon  a  yard  or 
court ;  the  total  area  of  the  windows  shall  be  at  east  one-eighth  of  the 
floor  area  and  one-half  of  the  sash  shall  open  the  full  width  and  the  top 
of  each  window  shall  be  within  six  inches  of  the  ceiling,  and,  (3)  there 
shall  be  a  proper  water-closet  in  the  apartment.  All  basement  rooms  are 
specially  subject  to  examination  by  the  Department  of  Health,  and  if 
damp  or  unfit  for  habitation,  they  must  be  put  in  proper  condition  or 
abandoned. 

Under  section  4,  every  other  living  room  in  a  tenement  or  other  dwell- 
ing must  have  at  least  one  window,  with  an  area  not  less  than  one-tenth 
the  floor  area,  opening  on  a  street  or  alley,  or  upon  a  court ;  if  built  since 
the  act  was  passed,  the  court  must  not  be  less  than  one  hundred  square 
feet ;  if  built  before,  then  twenty-five  square  feet ;  or  such  room  may,  in  an 
old  house,  adjoin  another  room  which  has  a  proper  window,  and  between 
which  two  rooms  there  is  a  sash  window  having  at  least  fifteen  square 
feet  of  glazed  surface,  the  upper  half  of  which  opens  easily. 

Under  section  5,  every  room  must  be  large  enough  to  contain  at  least 


PUBLIC  HEALTH.  67 

seven  hundred  cubic  feet  of  air,  and  be  eight  feet  high  throughout,  except 
an  attic  room,  which  must  be  eight  feet  high  over  half  its  area. 

Under  section  6,  there  must  be  four  hundred  cubic  feet  of  air  for 
each  person  over  twelve  occupying  any  room,  and  two  hundred  cubic  feet 
for  each  one  under  twelve. 

Section  7  provides  that  wherever  the  Department  of  Health  judges 
it  possible,  there  must  be  connection  with  the  city  water  supply,  and  at 
least  one  sink  in  each  apartment,  except  that  in  houses  built  before  the 
act,  an  accessible  sink  on  each  floor;  and  the  space  under  the  sink  must 
not  be  enclosed  with  woodwork. 

Section  8  regulates  water-closets  in  tenements,  requiring  them  in  all 
cases  where  sewer  connection  is  possible,  and  in  houses  built  after  the 
act  was  passed  there  must  be  at  least  one  for  each  apartment  of  three 
or  more  rooms,  and  where  apartments  are  smaller,  then  one  for  each 
three  rooms.  In  older  buildings,  there  must  be  one  for  each  six  rooms, 
but  not  less  than  one  for  each  floor.  By  special  permission  of  the 
Department  of  Health,  water-closets  may  be  located  in  the  yard. 

By  section  9,  every  tenement  house  shall  be  kept  in  good  repair  and 
clean  and  free  from  accumulations  of  dirt,  filth  or  garbage. 

By  section  10,  no  horse,  cow,  swine,  pig,  sheep,  goat  or  poultry  shall 
be  kept  in  a  tenement  house ;  nor  shall  any  part  of  them  be  used  as  a 
stable  or  for  the  storage  of  anything  dangerous  to  life  or  health;  nor 
shall  any  inflammable  or  combustible  thing  be  stored  under  any  stairway. 

This  law  is  enforcible  by  a  summary  fine  of  not  more  than  $100,  or 
in  default  thereof  by  imprisonment  for  thirty  days ;  and  any  expense 
incurred  by  the  city  may  be  recovered  from  the  owners  or  occupants  of 
the  houses  by  action  of  assumpsit.    The  act  also  provides  for  inspectors. 

(4)    HEALTH    AND    HOUSING    ORDINANCES    IN    PITTSBURGH. 

Under  the  charter  Act  of  March  7,  1901,  P.  L.  20,  a  certain  clause 
(Cities  492)  empowers  cities  of  the  second  class  "to  make  regulations  to 
secure  the  general  health  of  the  inhabitants,  and  to  remove  and  prevent 
nuisances.''  Acting  under  this  grant  of  power,  the  City  of  Pittsburgh, 
by  its  council,  has  enacted  certain  ordinances  to  some  of  which  attention 
should  be  called. 

Under  ordinances  approved  July  15,  1908  (O.  B.  19,  page  500)  and 
May  11,  191 1  (O.  B.  23,  page  49),  the  above  tenement  house  law  was 
extended  to  all  dwellings  and  amplified  in  certain  details,  probably  the 
most  important  being  the  registration  of  tenement  houses  with  the 
Department  of  Health,  together  with  the  name  of  the  agent  upon  whom 
notices  can  be  served.  It  is  also  provided  that  where  more  than  six 
families  reside  in  one  house  and  the  owner  does  not  reside  there,  the 
Department  of  Health  may  require  a  janitor  to  be  placed  in  charge  of 
the  house.  There  are  numerous  other  provisions  in  the  ordinances  of  a 
less  important  nature.  They  may  be  ascertained  by  inquiry  at  the 
Department  of  Health. 

The  Charter  Act  of  1901  (Cities  492)  empowers  cities  "to  make 
regulations  to  secure  the  general  health  of  the  inhabitants,  and  to  remove 


68  SOCIAL    LAWS    OF    PENNSYLVANIA. 

and  prevent  nuisances."  Acting  under  the  general  power  so  granted,  the 
City  of  Pittsburgh  has  enacted  numerous  ordinances,  of  which  several  of 
the  more  important  for  the  purposes  of  this  manual  are  herewith  noted. 

Under  the  ordinance  of  May  I,  1909,  O.  B.  20,  page  292,  offices 
called  "Sanitary  Inspectors"  are  provided,  forming  the  Sanitary  Police 
of  the  city.  They  are  "subject  to  call  at  any  time  in  the  twenty-four 
hours,  night  or  day,  when  emergency  requires,  and  it  shall  be  deemed 
needful  by  the  Department  of  Health."  They  are  given  the  right  to  enter 
any  house,  store,  stable  or  other  building  at  any  time,  day  or  night,  and 
to  cause  the  floors  to  be  raised  if  deemed  necessary  by  them  in  order  to 
make  a  thorough  examination  of  cellars,  vaults,  sinks  or  drains  and  to 
enter  upon  all  lots  of  ground  and  to  improve  or  correct  any  nuisance 
found.  It  is  also  provided  that  no  person  shall  throw  into  or  deposit  in 
any  vault,  sink,  privy  or  cesspool,  any  offal,  ashes,  meat,  fish,  garbage 
or  other  substance  except  that  of  which  any  such  place  is  the  appro- 
priate receptacle. 

The  ordinance  of  May  10,  1912,  O.  B.  24,  page  126,  defines  garbage 
and  provides  that  every  owner,  lessee  or  occupant  of  any  building  or 
premises  shall  provide  suitable  receptacles  for  the  same  and  keep  them  in 
such  places  as  the  Department  of  Health  may  direct.  All  light  refuse  or 
rubbish  shall  be  confined  so  that  it  is  not  blown  or  scattered  about,  until 
properly  removed. 

The  ordinance  of  April  24,  191 1,  O.  B.  23,  page  16,  provides  for  the 
construction  and  cleaning  of  privy  vaults,  sinks  or  cesspools  only  under 
permits  from  the  Department  of  Health.  Scavengers  engaged  in  the 
work  of  cleaning  such  places  must  not  leave  their  places  of  business 
before  10  P.  M.  and  must  return  before  6  A.  M.  During  the  prevalence 
of  epidemics  of  contagious  diseases,  the  matter  removed  from  such  places 
shall  be  disinfected  when  deemed  necessary  by  the  Department  of 
Health. 

The  ordinance  of  March  28,  191 1,  O.  B.  22.  page  598,  regulates 
offensive  trades,  placing  the  control  thereof  in  the  Department  of  Health. 
This  ordinance  applies  to  such  trades  as  tanning,  gas  making  and  dis- 
tributing, bone  boiling,  bone  crushing,  bone  burning,  skinning  of  horses, 
cows  and  other  dead  animals,  glue  making,  lime  making,  fat  rendering, 
cheese  making,  boiling  of  fish,  swill  or  offal,  heating,  drying,  storing  of 
blood,  scrap,  fat  and  grease,  manufacturing  fertilizer  and  other  offensive 
trades.  Such  work  can  only  be  carried  on  in  accordance  with  conditions 
laid  down  by  the  Department  of  Health,  and  after  a  permit  is  regularly 

issued. 

Under  several  other  ordinances  approved  March  28,  191 1,  recorded 
in  O.  B.  22,  page  604,  and  following,  certain  matters  are  regulated,  as 

follows:  ,  .,.,,.  .    .,  , 

Animals  infected  with  a  contagious  or  pestilential  disease  shall  be 

removed  under  direction  of  the  Department  of  Health. 

Stagnant  water  shall  be  drained  off,  and  offensive  lots  or  excavations 
shall  be  filled  with  clean  earth  or  other  inoffensive  substance. 

Slaughter  houses  shall  be  cleaned  within  twenty-four  hours  after 
being  used. 


PUBLIC   HEALTH.  69 

Rags  must  not  be  stored,  dried,  cleaned  or  assorted  except  in  premises 
at  least  two  hundred  feet  from  any  house,  factory  or  building  occupied 
by  human  beings. 

Manure  must  be  kept  in  a  water-tight  box,  which  must  not  be  filled 
to  overflow. 

Stables  must  be  well  drained  and  kept  clean. 

No  horses,  cattle,  swine,  sheep,  geese  or  goats  shall  be  kept  in  a 
built-up  part  of  the  city  without  a  permit. 

Cellars  should  not  be  used  as  stables  without  a  permit. 

No  live  pigeons  shall  be  kept  without  a  permit. 

Poultry  shall  not  be  kept  without  a  permit,  except  upon  premises  of 
large  dimensions  free  from  built-up  districts. 

Dogs,  cats,  birds  or  other  small  animals  shall  not  be  sold  or  kept  for 
sale  without  a  permit  and  in  accordance  with  rules  and  regulations  of  the 
Department  of  Health. 

No  person  owning,  occupying  or  having  charge  of  any  building  or 
premises  shall  keep  or  allow  thereon  or  therein  any  animal  or  bird  which 
shall  by  noise  disturb  the  quiet  or  repose  of  any  person  therein  or  in  the 
vicinity  to  the  detriment  to  life,  health  or  comfort  of  any  human  being. 

Straw  used  for  bedding  for  animals  shall  not  be  placed  or  dried  upon 
the  street  nor  on  the  roof  of  any  building;  nor  shall  straw,  hay,  paper, 
or  other  matter  be  burnt  at  any  place  in  the  city  without  a  permit. 

By  the  ordinance  of  D)ec.  12,  1910,  No.  416,  spitting  in  public  places 
is  forbidden  under  a  penalty  of  a  fine  of  $5  to  $50,  or,  in  default  thereof, 
of  imprisonment  in  jail  for  five  to  ten  days. 

The  ordinance  of  Dec.  12,  1910,  No.  418,  relates  to  the  boarding"  of 
infants  for  hire.  Section  1  provides  that  any  person  taking  more  than 
one  infant  for  hire  under  the  age  of  five  years  for  a  longer  period  than 
48  hours  shall  give  notice  of  such  fact  to  the  Department  of  Health, 
stating  the  name,  age  and  sex  of  such  infants,  name  of  the  person  receiv- 
ing them,  the  street  and  number  of  the  dwelling  and  the  name  and  address 
of  the  persons  placing  them.  When  an  infant  is  removed,  notice  must 
be  given.  Section  2  provides  that  when  an  infant  under  two  years  is 
placed  with  any  person,  in  consideration  of  not  more  than  $100,  without 
agreement  for  further  payment,  such  person  shall  give  notice  of  the 
fact  to  the  Department  of  Health  within  48  hours.  Other  sections  of 
this  ordinance  provide  as  follows: 

The  Department  of  Health  shall  fix  the  number  of  infants  that  may 
be  received  at  one  dwelling. 

If  the  house  is  unfit  or  overcrowded,  or  the  person  in  charge  is 
negligent,  ignorant  or  otherwise  so  unfit  as  to  endanger  the  health  of  the 
infants  the  Department  of  Health  may  remove  any  such  infant  to  a 
proper  institution  or  place  of  safety,  until  restored  to  its  relatives  or 
otherwise  lawfully  disposed  of. 

Agents  of  the  Department  of  Health  shall  inspect  such  infants  and 
the  premises  and  give  any  necessary  advice  or  directions  as  to  their 
maintenance. 

Notice  of  death  must  be  given  within  24  hours. 


7o  SOCIAL    LAWS    OF    PENNSYLVANIA. 

Penalty  for  violation,  $10  to  $100,  or  30  days  in  jail  in  default  of 
payment  of  fine. 

4.      CITIES  OF  THE  THIRD  CLASS. 

The  charter  act  for  cities  of  the  third  class,  being  the  Act  of  May 
23,  1889,  P.  L.  277,  in  Article  V  (see  Cities  765,  766  and  770),  empowers 
such  cities  to  make  regulations  to  secure  the  general  health  of  the  inhab- 
itants and  to  remove  and  prevent  nuisances,  to  make  quarantine  regula- 
tions, and  enforce  them  within  five  miles  of  the  city  limits,  and  to  pro- 
vide a  system  of  inspection  of  buildings  to  insure  their  structural  and 
sanitary  safety  and  incombustibility,  and  establish  limits  within  which 
all  future  construction  must  be  fireproof. 

Under  Article  XI  (Cities  871  et  seq.),  the  council  may  create  a 
board  of  health  of  five  members  with  power  to  make  and  enforce  rules 
and  regulations  relating  to  contagious  diseases,  abating  of  nuisances, 
enforcement  of  vaccination,  construction  and  maintenance  of  house 
drains,  waste  and  soil  pipes  and  cesspools,  and  such  other  regulations 
as  they  shall  deem  necessary  for  the  preservation  of  the  public  health. 
They  may  appoint  as  many  ward  or  district  physicians  and  other  sanitary 
agents  as  they  may  deem  necessary  to  prevent  the  spread  of  contagious 
disease.  They  shall  also  elect  a  health  officer  to  carry  their  rules  into 
effect. 

Under  the  Act  of  May  16,  1901,  P.  L.  224  (Cities  877),  the  city 
may  abate  any  nuisance  and  file  a  lien  against  the  real  estate  for  the 
cost  thereof. 

By  the  Act  of  May  14,  1909,  P.  L.  840,  the  plumbing  law  for  second 
class  cities  was  extended  to  cities  of  the  third  class,  and  plumbing 
inspectors  are  appointed  under  that  act  and  all  plumbing  is  done  in  accord- 
ance therewith. 

5.     BOROUGHS  AND  FIRST  CLASS  TOWNSHIPS. 

The  Act  of  June  12,  1913,  P.  L.  471,  which  repealed  the  health 
laws  for  boroughs  and  townships  of  the  first  class  (those  having  a  popu- 
lation of  300  or  more  to  the  square  mile),  provides  that  a  board  of 
health  shall  be  established  and  maintained  in  each  borough  and  township 
of  the  first  class  within  three  months  after  the  passage  of  the  act.  The 
board  shall  be  composed  of  five  members,  of  whom  one  must  be  a 
physician  of  two  years'  experience.  They  elect  a  health  officer  who  is 
not  a  member  of  the  board,  but  who  shall  attend  all  meetings  of  the  board, 
and  whose  duty  it  is  ( 1 )  to  placard  and  quarantine  all  places  where  there 
is  contagious  disease,  (2)  disinfect  such  places  at  the  end  of  the  quar- 
antine period,  (3)  serve  written  notice  upon  the  school  authorities  as 
to  the  exclusion  from  school  of  children  residing  in  quarantined  premises, 
and  (4)  make  sanitary  inspections  and  execute  the  orders  of  the  Board 
of  Health.  The  act  makes  it  the  duty  of  the  Board  of  Health  to  enforce 
the  health  laws  of  the  State  and  the  regulations  of  the  State  Department 
of  Health.  They  have  the  power  to  make  further  health  regulations  and 
to  enforce  them,  and,  with  the  consent  of  councils,  to  establish  emergency 


PUBLIC  HEALTH.  7* 

hospitals  when  needed.  They,  and  their  assistants  and  workmen,  can 
enter  upon  any  premises  and  search  for  and  abate  any  nuisances  detri- 
mental to  the  public  health,  and  the  expenses  of  abating  nuisances,  if 
incurred  after  reasonable  notice  to  the  owner  to  abate  the  same,  may  be 
recovered  from  the  owner  by  action  at  law. 

Under  the  tenth  section  of  the  act,  the  Commissioner  of  Health  of 
the  Commonwealth  is  given  power  to  enter  into  any  borough  or  township 
of  the  first  class  and  take  full  charge  of  and  administer  the  health  laws, 
whenever  in  his  opinion,  conditions  there  existing  constitute  a  menace 
to  persons  residing  outside  of  such  borough  or  township,  or  if  such 
borough  or  township  is  without  an  efficient  board  of  health.  He  may 
continue  in  charge  until  such  time  as  he  is  satisfied  that  a  competent  board 
of  health  has  been  appointed  and  qualified  and  is  ready,  able  and  willing 
to  assume  and  carry  into  effect  the  duties  imposed  upon  it  by  law.  The 
expenses  thus  incurred  by  the  Commissioner  of  Health  are  to  be  paid  by 
such  borough  or  township,  and  legal  action  may  be  instituted  to  recover 
them. 

The  Act  of  June  5,  191 3,  P,  L.  434,  empowers  boroughs,  by  ordi- 
nance, to  prohibit  accumulations  of  garbage  or  rubbish  upon  private 
properties  within  their  limits,  and  to  prescribe  penalties  for  the  violation 

thereof. 

6.  TOWNSHIPS  OF  THE  SECOND  CLASS. 

There  are  no  statutes  applying  specifically  to  health  protection  in 
townships  of  the  second  class.  The  whole  matter  is  left  to  the  State 
Department  of  Health,  which  is  sufficiently  well  equipped  to  look  after  it. 

7.    MISCELLANEOUS  HEALTH  LAWS. 

The  Act  of  June  18,  1895,  P.  L.  203,  as  amended  by  the  Acts  of 
April  3,  1903,  P.  L.  138,  and  April  22,  1903,  P.  L.  244  (Municipalities  25 
to  46),  provided  certain  health  regulations  for  "municipalities,"  which 
the  courts  have  held  include  townships  as  well  as  cities  and  boroughs: 
Sprague  v.  Baldwin,  18  Pa.  C.  C.  568.  The  act  therefore  applies  to  all 
the  state.  This  act  was  all  repealed  by  the  Act  of  May  14,  1909,  P.  L. 
855  (see  State  Department  of  Health),  except  three  sections,  as  follows: 

Section  12.  "All  principals  or  other  persons  in  charge  of  schools 
as  aforesaid  are  hereby  required  to  refuse  the  admission  of  any  child 
to  the  schools  under  their  charge  or  supervision,  except  upon  a  certificate 
signed  by  a  physician  setting  forth  that  such  child  has  been  successfully 
vaccinated,  or  that  it  has  previously  had  smallpox." 

The  courts  have  held  this  act  constitutional  and  not  in  conflict  with 
the  compulsory  school  attendance  laws.  When  a  child  is  refused  admis- 
sion to  school  for  this  reason  its  parents  are  not  liable  under  those  laws. 
Com.  v.  Smith,  24  Pa.  C.  C.  129.  If  the  physician  is  by  law  authorized 
to  practice,  his  qualifications  and  standing  cannot  be  questioned,  and  a 
certificate  issued  by  him  is  good  and  the  child  must  be  admitted  to  school. 
Cousins  v.  Warren  Borough  School  District,  28  Pa.  C.  C.  381. 

Sec.  20.    No  justice  of  the  peace,  member  of  council,  or  other  officer, 


^  SOCIAL    LAWS    OF    PENNSYLVANIA. 

except  school  directors,  constables,  or  election  officers,  shall  at  the  same 
time  be  a  member  of  or  employed  by  any  board  of  health. 

Sec.  21.  Any  violation  of  the  act  is  punishable  by  summary  con- 
viction by  a  fine  of  not  less  than  $5  nor  more  than  $100,  or,  in  default 
thereof,  by  imprisonment  in  jail  for  a  period  not  exceeding  60  days. 
All  prosecutions  must  be  begun  within  60  days  after  the  commission  of 
the  offense,  and  not  thereafter. 

Under  the  School  Code,  being  the  Act  of  May  18,  1911,  P.  L.  309, 
medical  inspection  of  schools  and  school  children  is  provided  for  in 
Article  XV,  Every  school  district  of  the  first  and  second  classes,  which 
means  every  city,  borough  and  township  with  more  than  30,000  popula- 
tion, is  required  to  provide  medical  inspection  either  directly  or  through 
the  local  board  of  health.  Districts  of  the  third  class  (5,000  to  30,000 
population)  may  have  medical  inspection,  but  the  directors  may  vote  to 
dispense  with  it  in  any  year.  Districts  of  the  fourth  class  may  be  pro- 
vided with  inspection  by  the  State  Department  of  Health,  but  the  same 
may  be  dispensed  with  by  vote  of  the  school  directors  of  such  district. 
All  medical  inspectors  must  have  practiced  two  years.  All  pupils  must  be 
examined  at  least  once  a  year  (the  parent  or  guardian  having  the  right, 
on  request,  to  be  present),  special  attention  being  given  to  defective 
sight,  hearing  or  other  defects  specified  by  the  Commissioner  of  Health 
in  his  instructions  to  the  inspectors.  A  report  is  made  to  the  teacher, 
with  instructions  as  to  care  when  necessary,  and  the  teacher  must  carry 
out  the  instructions  during  the  year  and  also  furnish  a  copy  to  the  parents 
or  guardian  of  the  child.  The  medical  inspector  must  also  make  a  care- 
ful examination  of  all  water-closets,  cellars,  the  water  supply  and 
drinking-vessels,  and  the  sanitary  conditions  of  the  school  premises,  and 
he  must  see  that  the  laws  and  the  rules  and  regulations  of  the  health 
authorities  are  complied  with.  Any  board  of  school  directors  may  employ 
one  or  more  school  nurses  and  may  define  their  duties. 

No  person  having  tuberculosis  of  the  lungs  shall  be  a  pupil,  teacher, 
janitor,  or  other  employee  in  any  public  school  unless  it  be  a  special  school 
carried  on  under  the  regulations  made  for  such  schools  by  the  Commis- 
sioner of  Health. 

By  the  Act  of  May  11,  1909,  P.  L.  516,  spitting  "on  any  public  walk, 
public  wharf  or  landing,  or  on  the  floor,  platform,  stairway,  or  elevator, 
or  covering  used  thereon,  of  any  railroad  or  railway  station,  or  other 
building  to  which  the  public  has  access ;  or  on  the  floor  or  platform  or 
steps,  or  any  covering  used  thereon,  of  any  railroad  or  railway  car,  or 
other  vehicle,  conveyance,  or  common  carrier  used  for  the  transportation 
of  the  public"  is  forbidden  under  a  fine  of  one  dollar  and  costs,  or,  in 
default  of  payment,  of  imprisonment  for  from  one  to  five  days. 

The  licensing  of  lodging  houses  in  all  cities  is  regulated  by  the  Act  of 
Tuly  2,  1895,  P.  L.  428  (Cities  86  to  95).  A  lodging  house  is  defined 
by  the  act  as  every  building  not  licensed  as  an  hotel,  inn  or  tavern,  in 
which  ten  or  more  persons  are  lodged,  for  a  single  night,  of  twenty-five 
cents  or  less  for  each  person.  Such  places  may  not  operate  without  a 
license  issued  by  the  mayor  after  the  building  has  been  satisfactorily 


PUBLIC  HEALTH.  73 

passed  upon  by  the  city's  building  inspectors,  the  fire  marshal,  if  any 
exists,  and,  if  not,  by  some  person  appointed  by  the  mayor,  and  by  the 
board  or  department  of  health  of  the  city.  The  health  authorities  shall 
adopt  rules  and  regulations  relating  to  cleanliness  and  disinfection  in 
such  places,  and  any  health,  fire  or  building  inspectors,  and  the  police, 
shall  have  free  access  at  any  time.  A  register  shall  be  kept  at  all  times. 
A  license  may  be  forfeited  by  the  mayor  for  failure  to  comply  with  the 
act  after  notice  and  a  public  hearing  held. 

The  Crimes  Act  of  March  31,  i860,  P.  L.  382,  §  73  (Crimes  259), 
makes  it  a  misdemeanor  to  maintain  a  public  or  common  nuisance;  and 
it  is  also  provided  that  if  the  nuisance  remains  at  the  time  of  conviction 
the  court  may  order  the  sheriff  to  abate  the  same  at  the  expense  of  the 
defendant. 

Under  the  Act  of  June  8,  1907,  P.  L.  503  (Department  of  Health 
37a  to  37d),  any  board  of  health  may  declare  any  alley,  lane  or  passage- 
way located  within  its  territorial  jurisdiction  a  public  nuisance  or  menace 
to  health.  The  adjacent  property  owners  may  thereupon  petition  the 
court  of  quarter  sessions  for  its  vacation,  and  a  jury  of  view  may  be 
appointed  to  hold  hearings  and  report  to  the  court,  when  an  order  of 
vacation  may  be  made.  But  no  lot  or  lots  may  in  this  way  be  deprived 
of  the  sole  means  of  ingress  or  egress. 

Under  the  Act  of  July  22,  1913,  P.  L.  913,  the  work  hours  of  any 
horse,  mare,  mule,  ox  or  other  animal  are  limited  to  fifteen  in  any  one  day 
and  ninety  in  any  one  week,  the  act  applying  only  to  cities  of  the  first 
and  second  classes,  the  same  to  be  enforced  on  their  own  view  by  police 
officers  and  officers  and  agents  of  humane  societies,  and  by  other  persons 
by  making  regular  informations. 

Under  the  Act  of  May  19,  1897,  P.  L.  77  (Municipalities  47  to  49), 
bone-boiling  establishments  and  depositories  of  dead  animals  may  not  be 
located  in  any  city  or  borough  without  first  obtaining  the  permission  of 
the  board  of  health ;  and  it  may  not  be  conducted  in  any  township  except 
under  the  supervision  and  subject  to  the  regulations  of  the  State  Depart- 
ment of  Health. 

The  Act  of  May  20,  1913.  P.  L.  240,  makes  it  unlawful  to  use  night 
soil  as  a  fertilizer  on  any  ground  on  which  vegetables  of  a  variety  eaten 
uncooked  for  human  food  are  being  grown. 

The  Act  of  June  5,  191 3,  P.  L.  441,  regulates  the  practice  of  mid- 
wifery by  forbidding  any  person  except  a  duly  licensed  physician  to  prac- 
tice midwifery  before  receiving  a  certificate  from  the  Bureau  of  Medical 
Education  and  Licensure  and  registering  such  certificate  in  the  office  of 
the  Prothonotary  of  the  proper  county.  Any  person  practicing  midwifery 
without  complying  with  these  requirements  is  liable  to  fine  and 
imprisonment. 

The  Act  of  June  5.  1913.  P.  L.  443,  aims  to  prevent  blindness  from 
ophthalmia  neonatorum  (inflammation  of  the  eyes  of  infants)  by  requir- 


74  SOCIAL    LAWS    OF    PENNSYLVANIA. 

ing  the  physician,  midwife  or  nurse  in  charge  of  any  infant  under  two 
weeks  old  to  report  the  case  to  the  health  authorities  if  the  infant's  eyes 
become  inflamed  or  swollen  or  reddened.  The  report  must  be  made 
within  six  hours  and  must  state  the  name  of  the  disease,  and  the  name, 
age,  sex,  color  and  nativity  of  the  infant,  with  the  street  and  number  of 
the  house,  the  date  of  the  onset  of  the  disease  and  the  name  and  occupa- 
tion of  the  householder.  A  midwife  or  nurse  must,  in  addition,  notify  in 
writing  a  practicing  physician  of  the  district.  If  any  physician  treating 
such  a  case  ceases  such  treatment  for  any  reason,  he  must  at  once  notify 
the  health  authorities,  and  give  the  condition  of  the  case  when  last 
treated  by  him.  Any  violation  of  the  act  is  punishable  by  process  of 
summary  conviction  before  any  justice  of  the  peace  or  alderman  by  fine 
of  not  less  than  $20  nor  more  than  $100,  and  imprisonment  of  ten  to 
thirty  days. 

Upon  receipt  of  any  such  notice  by  the  health  authorities  from  any 
person  other  than  a  practicing  physician,  it  is  their  duty  to  notify  the 
parents  or  guardian,  or  other  person  having  charge  of  the  infant,  of  the 
danger  to  the  eyes  of  any  neglect  of  proper  treatment.  It  is  also  the  duty 
of  every  health  officer  to  furnish  a  copy  of  the  act  to  every  person  known 
by  him  to  act  as  a  midwife  or  nurse  within  his  district. 

There  are  numerous  laws  relating  to  the  establishment  of  state  and 
local  quarantine  for  the  preservation  of  the  public  health.  Most  of  these 
laws  relate  to  the  inspection  and  quarantine  of  vessels  and  are  not  neces- 
sary to  be  given  here  in  detail.  They  will  be  found  in  full  in  Pepper  & 
Lewis's  Digest,  2d  Edition,  under  the  title  "Quarantine." 


CHAPTER  VII. 
CRIMINAL  LAW. 

PAGE 

Introduction   75 

i.  Alphabetical  List  of  Crimes 25 

2.  Criminal  Procedure 90 

3.  Search  Warrants  91 

4.  Extradition  91 

5.  Adult  Probation    92 

INTRODUCTION. 

In  Pennsylvania  the  general  Crimes  Act  of  March  31,  i860,  P.  L. 
382,  and  the  Criminal  Procedure  Act  of  March  31,  i860,  P.  L.  427,  have 
largely  displaced  the  common  law  in  the  criminal  branch  of  the  law,  and 
most  of  the  subject  is  now  statutory.  These  acts,  together  with  all 
amendments  and  supplements  passed  by  the  Legislature  down  to,  and 
including,  the  year  1907  are  to  be  found  in  Pepper  and  Lewis's  Digest  of 
Laws,  2d  Edition,  under  the  titles  ''Crimes"  and  "Criminal  Procedure." 
The  title  "Crimes"  consists  of  318  sections  treating  of  78  different  and 
distinct  kinds  of  crimes.  The  title  "Criminal  Procedure"  consists  of  159 
sections  treating  of  such  matters  as  warrant  for  arrest,  requisition,  bail, 
indictments,  pleas,  jurisdiction  of  courts,  juries,  verdicts,  conduct  of 
trials,  costs,  sentences,  and  related  matters  of  procedure. 

It  is  manifestly  impossible,  in  a  manual  such  as  this,  to  digest  all 
of  these  statutes.  Most  of  the  crimes,  however,  will  be  noted,  and  under 
criminal  procedure  a  general  outline  of  criminal  cases  will  be  given  as  a 
hint  of  what  may  be  expected  in  such  cases. 

1.    ALPHABETICAL  LIST  OF  CRIMES. 

ABORTION. 

Administering  to  a  pregnant  woman  any  drug,  poison  or  other  sub- 
stance or  using  any  instrument  or  other  means,  with  the  intent  to  cause 
a  miscarriage,  and  such  woman,  or  the  child  with  which  she  is  pregnant, 
shall  die  therefrom,  is  a  felony,  punishable  by  fine  of  $500  and  imprison- 
ment, by  separate  or  solitary  confinement  at  labor,  for  seven  years. 

Attempting  to  procure  an  abortion  is  likewise  a  felony,  but  imprison- 
ment is  limited  to  three  years. 

Advertising  or  keeping  for  sale  any  drugs  or  medicines  for  the  pur- 
pose of  preventing  conception  or  procuring  abortion  is  a  misdemeanor, 
punishable  by  fine  of  $1,000  or  imprisonment  in  jail  for  six  months,  or 
both ;  but  it  is  provided  that  this  law  shall  not  affect  teaching  in  regular 
chartered  medical  colleges  or  the  publication  of  standard  medical  books. 

(75) 


76  SOCIAL   LAWS    OF    PENNSYLVANIA. 

ACCESSORIES. 

To  any  felony  there  may  be  accessories,  but  in  the  case  of  misde- 
meanors there  are  not  accessories,  although  the  law  provides  that  every 
person  who  shall  counsel,  aid  or  abet  the  commission  of  any  misdemeanor, 
and  for  whom  no  punishment  is  otherwise  provided,  may  be  punished  as  a 
principal. 

Accessories  before  and  after  the  fact  to  any  felony  may  be  tried 
either  before,  at  the  same  time,  or  after  the  principal  is  tried,  and  an 
accessory  before  the  fact  may  be  tried  as  a  principal. 

ADMINISTERING  NARCOTICS. 

Unlawfully  and  wilfully  administering  chloroform  or  other  stupefy- 
ing and  overpowering  drug  with  intent  to  enable  the  offender  or  other 
person  to  commit  a  felony  is  a  felony,  punishable  by  fine  of  $5,000  and 
imprisonment  at  hard  labor  not  more  than  ten  years. 

ADULTERATION  OF  FOOD. 

Adulteration  of  food  or  selling  adulterated  food  is  a  misdemeanor 
punishable  by  fine  of  $100  or  six  months'  imprisonment. 

ADULTERY. 

"If  any  married  man  shall  have  carnal  connection  with  any  woman 
not  his  lawful  wife,  or  any  married  woman  have  carnal  connection  with 
any  man  not  her  lawful  husband,  he  or  she  so  offending  shall  be  deemed 
guilty  of  adultery,"  and  fined  $500  or  imprisoned  one  year,  or  both. 

ARSON. 

( 1 )  Maliciously  and  voluntarily  burning  or  setting  fire  to  any  factory, 
mill  or  dwelling  house  of  another,  or  any  building  belonging  thereto,  is 
felonious  arson,  punishable  by  fine  of  $2,000  and  separate  and  solitary 
confinement  at  labor  not  exceeding  twelve  years;  and  if  there  is  any 
person  in  the  building  at  the  time  the  fine  is  $4,000  and  the  imprisonment 
twenty  years. 

(2)  Firing  buildings  not  dwellings  is  a  misdemeanor,  punishable  by 
fine  of  $2,000  and  separate  or  solitary  confinement  at  labor  not  exceed- 
ing ten  years. 

(3)  Firing  with  intent  to  defraud  insurers  is  a  misdemeanor;  fine 
$1,000,  and  seven  years'  separate  or  solitary  confinement  at  labor. 

(4)  Firing  woods,  lands  or  marshes  so  as  to  cause  damage  to  another 
is  a  misdemeanor;  fine,  $100  and  twelve  months'  imprisonment. 

ASSAULT  AND  BATTERY. 

There  are  several  kinds  of  assault  and  battery,  shortly  as  follows : 

( 1 )  Assault  and  battery ;  $1,000  fine  or  one  year,  or  both. 

(2)  Aggravated  assault  and  battery,  which  is  inflicting  upon  another 


CRIMINAL  LAW.  77 

any  grievous  bodily  harm,  or  unlawfully  cutting,  stabbing  or  wounding 
another;  $1,000  fine  or  three  years,  or  both,  and  the  imprisonment  may  be 
by  separate  or  solitary  confinement. 

(3)  Assault  and  battery  upon  a  female,  with  intent,  forcibly  and 
against  her  will,  to  have  unlawful  carnal  knowledge  of  her;  $1,000  fine 
and  five  years'  separate  or  solitary  confinement  at  labor. 

(4)  Assault  with  firearms  or  wounding  with  intent  to  maim,  disable 
or  disfigure  another  is  a  felony;  $500  fine  and  three  years'  separate  or 
solitary  confinement  at  labor. 

(5)  Assault  with  explosives  with  intent  to  maim  or  do  grievous 
bodily  harm  is  a  felony,  $500  fine  and  three  years'  separate  or  solitary 
confinement. 

(6)  Assault,  poisoning,  stabbing  and  wounding  with  intent  to  com- 
mit murder  is  a  felony;  $1,000  fine  and  seven  years'  separate  or  solitary 
confinement  at  labor. 

(7)  Assault  with  intent  to  kill,  although  no  bodily  injury  be  effected, 
is  a  felony;  $1,000  fine  or  seven  years'  separate  and  solitary  confinement 
at  labor,  or  both. 

(8)  Robbing  another,  or  assault  with  intent  to  rob,  is  a  felony; 
$1,000  fine  and  five  years'  separate  and  solitary  confinement. 

(9)  Assault  by  sending  or  delivering  any  explosive  or  corrosive  sub- 
stance, with  intent  to  burn,  maim,  disfigure  or  disable  any  person  is  a 
felony';  $1,000  fine  and  three  years'  separate  and  solitary  confinement  at 

labor.  . 

(10)  Administering  chloroform  or  other  stupefying  drug  with  intent 
to  commit,  or  assist  another  to  commit,  a  felony,  is  a  felony ;  $500  fine 
and  five  years'  separate  and  solitary  confinement  at  labor. 

ATTEMPTS. 

Where  it  appears  at  the  trial  that  the  defendant  did  not  complete 
the  crime  charged,  but  was  guilty  of  an  attempt  to  commit  that  crime, 
then  the  jury  may  so  find,  and  he  may  be  punished  in  the  same  manner 
as  if  he  had  been  convicted  upon  an  indictment  for  an  attempt  to  commit 
such  crime. 

BASTARDS. 

For  a  woman  to  endeavor  privately  to  conceal  the  death  of  her 
bastard  child  is  punishable  by  three  years'  separate  or  solitary  confinement 
at  labor. 

BAWDY  HOUSES. 

Keeping  a  place  for  the  practice  of  fornication  or  knowingly  letting 
a  place  to  be  so  kept  is  a  misdemeanor;  $1,000  fine  and  two  years'  im- 
prisonment. 

For  any  man  to  take  money  from  the  proprietress  or  inmate  of  any 
such  house,  or  to  stay,  frequent  or  loiter  in  or  about  such  house  is  a 
misdemeanor;  $1,000  fine  or  three  years'  imprisonment,  or  both. 

Under  the  act  of  July  26,  1913,  P.  L.  1369,  it  is  provided  that  "any 
building,  or  part  of  a  building,  used  for  purposes  of  fornication,  lewdness, 


78  SOCIAL   LAWS    OF    PENNSYLVANIA. 

assignation,  or  prostitution,  shall  be  a  nuisance."  Any  person  with 
reason  to  believe  such  facts  may  notify  the  owner  and  the  agent  in  writing 
personally  or  by  registered  mail.  If  the  nuisance  is  not  then  abated 
within  one  week,  the  court  of  common  pleas,  on  petition  of  the  district 
attorney  or  of  any  citizen  of  the  county,  may,  after  hearing,  grant  a 
preliminary  injunction  restraining  the  owner  and  tenant  from  using 
such  building  in  such  a  way.  This  injunction  may  later  be  made  per- 
manent, and  disobeying  the  same  is  made  a  misdemeanor  with  a  fine  of 
not  less  than  $500  nor  more  than  $1,000  and  imprisonment  of  not  less 
than  six  months  or  more  than  two  years,  either  or  both. 

BIGAMY. 

For  a  husband  or  wife  to  marry  another,  or  to  live  with  another  as 
his  or  her  wife  or  husband  is  a  misdemeanor.  This  crime  is  punishable 
in  the  county  where  the  second  marriage  took  place,  and  also  where  the 
parties  thereto  lived  together.  Proceedings  must  be  brought  within  two 
years  of  the  second  marriage  or  within  two  years  of  any  act  of  cohabita- 
tion. The  punishment  is  $1,000  fine  or  two  years'  separate  and  solitary 
confinement  at  labor. 

BLACKMAILING. 

If  any  person  shall,  with  intent  to  extort  money  or  other  valuable 
thing,  by  means  of  threats  or  charges,  do  injury  to  the  person,  property, 
reputation  or  business  of  another,  he  shall  be  guilty  of  a  misdemeanor 
and  shall  be  imprisoned  three  years  and  fined  $1,000. 

BLASPHEMY. 

Wilfully  and  premeditately  blaspheming  is  a  misdemeanor  punish- 
able by  $100  fine  or  three  months'  imprisonment,  or  both. 

BRIBERY. 

Bribing  any  official  is  a  misdemeanor  punishable  by  fine  of  $500  and 
imprisonment  by  separate  or  solitary  confinement  at  labor  for  one  year. 
The  official  accepting  the  bribe  is  punishable  by  fine  of  $1,000  and 
imprisonment  of  five  years. 

BURGLARY. 

Breaking  and  entering  by  night  any  public  building,  church  or 
dwelling  house,  with  intent  to  kill,  rob,  steal  or  commit  a  rape,  or  any 
felony  whatever,  whether  the  intent  be  executed  or  not,  constitutes  the 
felony  of  burglary  and  is  punishable  by  a  fine  of  $1,000  and  separate 
or  solitary  confinement  at  labor  not  exceeeding  ten  years. 

Breaking  and  entering  any  building  in  the  daytime,  with  intent  to 
commit  any  felony  is  a  felony  punishable  by  $500  fine  and  separate  or 
solitary  confinement  at  labor  not  exceeding  ten  years- 
Breaking  and  entering  railroad  cars  with  intent  to  commit  a  felony, 
either  by  day  or  night,  is  a  felony  punishable  by  $500  fine  and  four  years' 
separate  and  solitary  confinement  at  labor. 


CRIMINAL  LAW.  79 

Entering-  any  building,  either  by  day  or  night,  with  intent  to  commit 
a  felony  by  the  use  of  explosives,  is  a  felony  punishable  by  $1,000  fine 
and  twenty-five  years'  separate  and  solitary  confinement  at  labor. 

Having  possession  of  burglar's  tools,  with  the  intent  to  use  them,  is 
a  misdemeanor,  punishable  by  fine  of  $500  and  three  years'  separate  and 
solitary  confinement,  and  the  intent  may  be  inferred  from  the  fact  of 
possession. 

CHEATING. 

Cheating  that  amounts  to  an  injury  to  the  public,  and  not  a  mere 
private  fraud,  is  indictable  at  common  law.  The  crime  differs  from  false 
pretense  in  that  in  the  latter  the  important  element  is  the  obtaining  of 
property,  whereas  this  element  is  not  necessary  in  the  crime  of  cheating. 
See  the  old  case  of  Respublica  v.  Powell,  1  Dallas  47,  decided  in  1780. 

COMMON  SCOLDS. 

No  statute  makes  it  an  offence  to  be  a  common  scold,  but  under  the 
common  law,  which  is  still  in  force  by  virtue  of  a  saving  clause  in  the 
Act  of  March  31,  i860,  P.  L.  425,  §  178,  a  common  scold  may  be  indicted 
and  punished  as  a  public  nuisance.  Commonwealth  v.  Mohn,  52  Pa.  243. 
The  punishment  in  such  a  case  cannot  be  the  "ducking  stool,"  but  only 
fine  and  imprisonment.    James  v.  Commonwealth,  12  S.  &  R.  220. 

COMPOUNDING   CRIMES. 

If  any  person  has  knowledge  of  the  actual  commission  of  a  serious 
crime  and  then  takes  money  or  other  reward  or  promise  to  compound  or 
conceal  such  crime,  he  is  guilty  of  a  misdemeanor  punishable  by  fine  of 
$1,000  and  imprisonment  not  exceeding  three  years. 

CONSPIRACIES. 

"If  any  two  or  more  persons  shall  falsely  and  maliciously  conspire, 
and  agree  to  cheat  and  defraud  any  person,  or  body  corporate,  of  his  or 
their  moneys,  goods,  chattels  or  other  property,  or  do  any  other  dishonest, 
malicious  and  unlawful  act,  to  the  prejudice  of  another,  they  shall  be 
guilty  of  a  misdemeanor,"  fine,  $500,  and  two  years'  imprisonment. 

COUNTERFEITING. 

There  are  a  large  number  of  sections  relating  to  counterfeiting,  for 
which  see  the  digest. 

CRUELTY   TO  ANIMALS. 

( 1 )  Wantonly  and  cruelly  beating,  torturing,  killing  or  maiming  any 
horse  or  other  domestic  animal  is  a  misdemeanor ;  fine  $200,  or  one  year's 
imprisonment,  or  both. 

(2)  Wilfully  and  maliciously  killing,  maiming  or  disfiguring  any 
horse,  cattle,  dog  or  other  domestic  animal,  or  poisoning  any  such  animal 
is  a  misdemeanor ;  fine  $500  or  three  years'  separate  or  solitary  confine- 
ment at  labor,  or  both. 


80  SOCIAL   LAWS    OF    PENNSYLVANIA. 

(3)  Cruelty  to  any  animals  is  prohibited  under  fines  for  the  first 
offence  of  $10  to  $20,  and  for  subsequent  offences  of  $20  to  $50,  to  be 
paid  one-half  to  the  informer  and  the  other  half  to  the  county,  to  be 
imposed  by  the  magistrate  or  alderman ;  or  the  case  may  be  sent  to  court 
and  a  fine  of  $200  or  imprisonment  of  one  year,  or  both,  imposed.  If 
the  arrest  be  made  for  cruelty  in  carrying  an  animal  in  a  vehicle,  the 
person  making  the  arrest  may  take  charge  of  the  vehicle  and  its  contents 
and  may  hold  it  until  any  charges  in  connection  with  caring  for  it  have 
been  paid,  or  such  person  may  sue  the  owner  for  any  expenses  incurred  in 
caring  for  the  animal  and  the  vehicle. 

(4)  Such  arrests  may  be  made  on  sight  by  any  policeman,  con- 
stable or  agent  of  a  duly  incorporated  society  for  the  prevention  of 
cruelty  to  animals. 

(5)  Under  the  Act  of  May  6,  1909,  P.  L.  443,  it  is  unlawful  to  offer 
for  sale  any  horse  which  could  not  be  worked  without  violating  the  laws 
against  cruelty  to  animals. 

(6)  Under  the  Act  of  May  5,  191 1,  P.  L.  178,  allowing  a  cow  to  go 
unmilked  for  twenty-four  hours  is  a  misdemeanor,  punishable  by  fine  of 
$25  or  thirty  days'  imprisonment,  after  conviction  before  any  alderman, 
magistrate  or  justice  of  the  peace. 

(7)  Under  the  Act  of  June  3,  191 1,  P.  L.  654,  if  any  officer  makes 
oath  before  an  alderman,  magistrate  or  justice  of  the  peace,  that  he  has 
reason  to  believe  that  an  act  of  cruelty  to  animals  is  being  committed  in 
any  building,  a  search  warrant  may  be  issued  to  any  officer  to  search 
said  premises;  and  the  officer  may  arrest  any  guilty  person  and  may 
take  possession  of  any  animal  and  care  for  it  at  the  cost  of  the  owner. 

(8)  Under  the  Act  of  June  7,  1913,  P.  L.  462,  any  officer  may 
destroy  any  disabled  animal  after  receiving  a  written  certificate  of  two 
reputable  citizens  called  by  him  to  view  such  animal,  the  owner  having 
the  right  to  choose  one.  When  any  person  is  convicted  of  cruelty,  the 
magistrate,  alderman  or  justice  of  the  peace  may  direct  as  part  of  the 
sentence  that  such  animal  be  humanely  destroyed. 

(9)  Under  the  Act  of  July  22,  1913,  P.  L.  913,  it  is  unlawful  to 
work  any  horse,  mare,  mule,  ox  or  other  animal  more  than  fifteen  out 
of  any  twenty-four  hour  period,  nor  more  than  ninety  hours  in  any  one 
week  in  any  city  of  the  first  or  second  class.  Penalty,  fine  of  not  less 
than  $10  nor  more  than  $50,  or  imprisonment  for  six  months,  said  fine 
to  be  paid  to  any  regularly  incorporated  society  for  the  prevention  of 
cruelty  to  animals. 

CRUELTY   TO    INFANTS. 

( 1 )  If  any  master  or  mistress  of  an  apprentice  or  any  person  having 
legal  care  of  any  infant,  wilfully  refuses  or  neglects  to  provide  necessary 
food,  clothing  or  lodging,  or  unlawfully  assaults  such  apprentice  or 
infant,  it  is  a  misdemeanor  punishable  by  fine  of  $500  or  imprisonment  for 
two  years,  or  both. 

(2)  If  the  father  or  mother  of  any  child  under  seven,  or  other  person 
to  whom  such  child  shall  have  been  confided,  shall  expose  such  child  in 
any  highway,  street,  field,  house,  outhouse  or  other  place,  with  intent  to 


CRIMINAL  LAW.  81 

wholly  abandon  it,  such  person  shall  be  guilty  of  a  misdemeanor;  penalty, 
imprisonment  for  twelve  months  and  fine  of  $100. 

DEADLY  WEAPONS. 

( i )  Carrying  concealed  deadly  weapons,  with  the  intent  of  unlaw- 
fully doing  injury  to  another,  is  a  misdemeanor,  punishable  by  fine  of 
$500  and  imprisonment  by  separate  or  solitary  confinement  for  one  year ; 
and  the  intent  may  be  inferred  from  the  fact  of  carrying  such  weapons. 

(2)  Playfully  or  wantonly  pointing  or  discharging  a  firearm  at 
another  person  is  a  misdemeanor,  punishable  by  fine  of  $1,000  and 
imprisonment  for  one  year. 

(3)  Under  the  Act  of  May  8,  1909,  P.  L.  466,  for  the  protection  of 
game,  it  is  unlawful  for  any  unnaturalized  foreign-born  resident  to  own 
or  be  possessed  of  a  shotgun  or  rifle  of  any  make ;  penalty,  $25  fine  for 
each  offence,  or  one  day  in  jail  for  each  dollar  of  penalty  imposed,  and  in 
addition  all  such  guns  are  to  be  forfeited. 

DEALING   IN   INFANT   CHILDREN. 

Under  the  Act  of  April  18,  1905,  P.  L.  213  (Juveniles  31),  dealing  in 
humanity,  by  bartering,  buying  and  selling  infant  children,  is  a  misde- 
meanor, punishable  by  fine  of  $1,000  and  five  years'  imprisonment. 

DISORDERLY    CONDUCT. 

( i )  Making  any  loud,  boisterous  and  unseemly  noise  or  disturbance 
to  the  annoyance  of  the  peaceable  residents  nearby,  or  near  to  any  public 
highway  or  park,  whereby  the  public  peace  is  broken  or  the  travelling 
public  annoyed,  is  disorderly  conduct  punishable  by  summary  conviction 
by  the  fine  of  $10,  and  in  default  thereof  by  thirty  days  in  jail,  the  defend- 
ant having  five  days  in  which  to  appeal  to  court  from  such  conviction. 

(2)  Annoying  passengers  upon  railway  cars  or  visitors  at  public  or 
private  parks  by  loud  noise  or  obscene  language,  whereby  the  public 
peace  is  broken,  is  disorderly  conduct,  punishable  as  above;  and  by  the 
Act  of  May  19,  1913,  P.  L.  223,  it  is  the  duty  of  the  conductor  to  arrest 
on  view  any  guilty  person  and  deliver  him  to  any  constable  in  the  county, 
who  shall  put  him  in  jail. 

DISORDERLY    HOUSES. 

Keeping  a  "common,  ill-governed  and  disorderly  house  or  place,  to 
the  encouragement  of  idleness,  gaming,  drinking,  or  misbehavior,  to  the 
common  nuisance  and  disturbance  of  the  neighborhood  or  orderly  citi- 
zens" is  a  misdemeanor,  punishable  by  fine  of  $500  or  imprisonment  for 
one  year,  or  both. 

DISTURBING   PUBLIC   ASSEMBLIES. 

Disturbing  public  assemblies  of  any  kind  is  punishable  by  fine  of  $50 
or  imprisonment  for  three  months,  or  both. 


82  SOCIAL    LAWS    OF    PENNSYLVANIA. 

DUELLING. 

Challenging  or  accepting  a  challenge  to  fight  with  a  deadly  weapon 
is  punishable  by  fine  of  $500  and  imprisonment  by  separate  or  solitary 
confinement  at  labor  for  three  years.  Carrying  or  delivering  such 
challenge,  or  consenting  to  be  a  second  at  a  duel  is  a  misdemeanor, 
punishable  by  the  same  fine  and  two  years'  such  imprisonment.  Con- 
cealing knowledge  of  such  a  challenge  or  posting  another  in  any  news- 
paper or  handbill  as  a  coward  or  using  any  abusive  language  towards 
any  person  for  not  accepting  a  challenge  or  fighting  a  duel  is  a  misde- 
meanor punishable  by  the  same  fine  and  one  year's  such  imprisonment. 

EMBEZZLEMENT. 

Embezzlement  is  the  converting  to  his  own  use  of  property  which 
came  legally  into  the  possession  of  the  guilty  person  and  differs  from 
larceny  in  the  fact  that  larceny  is  the  taking  possession  of  the  property  of 
another  with  intent  to  convert  to  the  guilty  person's  own  use.  Larceny 
by  bailee  is  on  the  border  line  between  these  two  offences.  There  are  a 
large  number  of  statutes  covering  embezzlement,  but  it  is  unnecessary  to 
give  them  here.  In  addition  to  those  given  in  the  Digest  reference  is 
made  to  the  Act  of  April  23,  1909,  P.  L.  169,  not  included  therein. 

EMRRACERY. 

Attempting  to  corrupt  or  influence  a  juror  or  arbitrator  by  any 
private  means  other  than  by  the  strength  of  evidence  or  the  arguments 
of  counsel  during  the  trial  or  hearing  of  the  case,  is  a  misdemeanor, 
punishable  by  fine  of  $500  or  imprisonment  for  one  year,  or  both. 

ESCAPE  OF  PRISONERS. 

( 1 )  Breaking  prison  by  one  charged  with  an  indictable  offence,  even 
if  no  escape  be  actually  made,  is  a  misdemeanor,  punishable  by  various 
imprisonments  depending  on  the  seriousness  of  the  original  crime.  Aid- 
ing such  an  escape  is  likewise  a  misdemeanor. 

(2)  Aiding  an  inmate  detained  in  any  of  the  charitable,  penal  or 
other  institutions  of  the  commonwealth  maintained  wholly  or  in  part 
by  state  appropriations,  is  a  misdemeanor,  punishable  by  fine  of  $50  and 
three  months'  imprisonment. 

(3)  Any  officer  voluntarily  permitting  or  suffering  his  prisoner  to 
escape  and  go  at  large  is  guilty  of  a  misdemeanor,  punishable  by  fine  of 
$500  and  imprisonment  by  separate  or  solitary  confinement  at  labor,  or 
by  simple  imprisonment,  for  five  years,  and  he  shall,  moreover,  by  the 
sentence,  be  dismissed  from  office.  If  the  escape  is  allowed  merely  by 
negligence,  the  imprisonment  is  reduced  to  not  more  than  one  year. 

(4)  For  an  officer,  without  reasonable  cause,  to  refuse  to  execute 
any  lawful  process  directed  to  him,  requiring  him  to  apprehend  a  person 
charged  with  a  criminal  offence,  is  a  misdemeanor,  punishable  by  fine  of 
$500,  and  imprisonment  for  two  years. 


CRIMINAL  LAW.  83 

(5)  Obstructing  the  execution  of  legal  process  is  a  misdemeanor, 
punishable  by  fine  of  $100  and  imprisonment  for  one  year. 

(6)  Under  the  Adult  Probation  Act  of  June  19,  1911,  P.  L.  1055, 
whenever  any  person  on  probation  shall  violate  the  terms  of  his  probation, 
he  is  liable  to  arrest  in  the  same  manner  as  in  the  case  of  an  escaped 
convict. 

EXHIBITING   INSANE  OR  DEFORMED   PERSONS. 

Exhibiting  for  pecuniary  consideration  any  insane,  idiotic  or  de- 
formed person,  or  any  imbecile,  or  any  mental  or  physical  deformity,  is 
a  misdemeanor,  punishable  by  fine  of  $1,000  and  six  months'  imprison- 
ment. 

EXTORTION. 

( 1 )  For  any  public  officer  wilfully  to  receive  or  take  any  reward  or 
fee  not  allowed  by  statute,  or  in  a  larger  amount  than  allowed,  is  a 
misdemeanor  in  office,  punishable  by  fine  of  $500  or  imprisonment  for  one 
year. 

(2)  By  the  Act  of  June  9,  191 1,  P.  L.  833,  attempting  to  intimidate, 
annoy  or  levy  blackmail,  or  extort  money,  by  written,  printed  or  oral 
communications  is  a  misdemeanor,  punishable  by  fine  of  $1,000  and 
three  years'  imprisonment. 

(3)  By  the  Act  of  May  19,  1913,  P.  L.  222,  extorting  or  attempting 
to  extort  money  or  other  personal  property  of  value  by  means  of  oral 
or  written  threats  to  kidnap  any  person,  or  to  injure  or  destroy  property, 
is  a  felony,  punishable  by  fine  of  $1,000  and  imprisonment  by  separate  or 
solitary  confinement  at  labor  for  fifteen  years. 

FALSE  ALARMS. 

(1)  Giving  false  fire  alarms  in  Philadelphia  or  injuring  fire  alarm 
boxes  is  a  misdemeanor,  punishable  by  a  fine  of  $500  and  two  years' 
imprisonment. 

(2)  Raising  a  false  alarm  of  fire,  knowing  the  same  to  be  false,  is  a 
misdemeanor,  punishable  by  fine  of  $100  and  one  year's  imprisonment. 

i 

FALSE   PRETENCES. 

(1)  Obtaining  property  by  false  pretence,  with  intent  to  cheat  and 
defraud  any  person  of  the  same,  is  a  misdemeanor,  punishable  by  fine 
of  $500  and  three  years'  imprisonment. 

(2)  Falsifying  the  books  of  account  of  any  company  or  municipal 
corporation,  with  intent  to  deceive  any  person,  or  to  possess  himself  of 
money  or  property,  is  a  misdemeanor. 

(3)  By  the  Act  of  May  8,  1913,  P.  L.  161,  making  a  false  statement 
of  financial  condition,  in  writing,  for  the  purpose  of  procuring  money, 
property  or  credit,  is  a  misdemeanor,  punishable  by  fine  of  $1,000  and  one 
year's  imprisonment. 


84  SOCIAL    LAWS    OF    PENNSYLVANIA. 


FAST  DRIVING. 

The  fast  driving  of  any  public  conveyance,  railroad  cars  or  steam- 
boat, whereby  some  person  is  injured,  is  a  misdemeanor,  punishable  by 
fine  of  $500  and  imprisonment  for  five  years. 

FORCIBLE    ENTRY   AND   DETAINER. 

With  violence  and  a  strong-  hand  entering  upon  or  into  any  land  or 
buildings,  or  after  entering  peaceably,  turning  out,  by  force  or  threats 
or  menacing  conduct,  the  party  in  possession,  is  forcible  entry,  punishable 
by  fine  of  $500  and  one  year's  imprisonment,  and  by  making  restitution  of 
such  lands  and  tenements. 

By  force  and  a  strong  hand,  or  by  menaces  or  threats,  unlawfully 
holding  and  keeping  possession  of  any  lands  and  tenements,  whether 
possession  were  obtained  peaceably  or  otherwise,  is  forcible  detainer, 
punishable  by  fine  of  $500  and  one  year's  imprisonment,  and  by  mak- 
ing restitution  of  such  lands  and  tenements ;  provided  that  no  person 
shall  be  adjudged  guilty  of  forcible  detainer  if  he  has  been  in  peaceable 
possession  for  three  years. 

FORGERY. 

There  are  numerous  statutes  covering  different  kinds  of  forgery,  not 
necessary  to  give  here.  Forgery  is  a  misdemeanor,  and  the  general  act 
covering  it  fixes  the  penalty  at  a  fine  of  $1,000  and  imprisonment  by 

separate  or  solitary  confinement  at  labor  for  ten  years. 

» 

FORNICATION   AND  BASTARDY. 

Since  this  act  is  really  for  the  support  of  children  born  out  of  wed- 
lock, the  law  concerning  it  will  be  found  under  the  heading  "Desertion 
and  Non-support." 

FORTUNE  TELLING. 

Pretending,  for  gain  or  lucre,  to  predict  future  events,  and  all  like 
offences,  are  misdemeanors,  punishable,  for  the  first  offence,  by  imprison- 
ment for  not  less  than  fifteen  days  nor  more  than  two  years  and  fine  of 
not  less  than  $10  nor  more  than  $100,  and,  for  the  second  offence,  by 
fine  of  $500  and  five  years'  imprisonment. 

FRAUDS. 

Under  this  heading  such  offences  as  cheating  lodging-house  keepers 
(see  the  later  Act  of  June  12,  1913,  P.  L.  481),  removing  or  secreting 
property  with  intent  to  defraud  creditors,  selling  articles  marked  "gold" 
which  are  of  less  than  a  certain  fineness,  the  same  with  regard  to  "sterling 
silver"  and  "coin  silver,"  the  fraudulent  confession  of  judgment,  and 
the  use  of  false  or  forged  letters  of  recommendation  are  made  misde- 
meanors. 

FUGITIVES. 

Removing  a  prisoner  from  the  state  without  proper  papers  is  a  mis- 
demanor  punishable  by  one  year's  imprisonment.    Making  a  false  inform- 


CRIMINAL  LAW.  85 

ation  for  the  purpose  of  procuring  the  arrest  of  another  is  punishable  in 
the  same  way. 

GAMBLING. 

Keeeping  a  gambling  house  is  a  misdemeanor,  punishable  by  fine  of 
$500  and  imprisonment  for  one  year.  No  witness  shall  be  excused  from 
testifying  on  the  ground  that  he  might  incriminate  himself,  but  his  testi- 
mony shall  not  be  used  against  him.  Upon  affidavit,  magistrates  may 
issue  search  warrants. 

Enticing  others  to  visit  gambling  houses  is  a  misdemeanor,  punish- 
able by  fine  of  $500 ;  and  besides  the  person  enticing  another  shall  be  liable 
civilly  to  repay  any  loss  sustained. 

INDECENCY. 

If  any  person  shall  commit  open  lewdness,  or  any  notorious  act  of 
public  indecency,  tending  to  debauch  the  morals  or  manners  of  the 
people,  such  person  shall  be  guilty  of  a  misdemeanor,  punishable  by  fine  of 
$100  and  imprisonment  for  one  year. 

INDECENT   EXPOSURE. 

Indecent  exposure  of  the  person  is  an  indictable  offence  at  common 
law.  Commonwealth  v.  Spratt,  14  Phila.  365 ;  Commonwealth  v.  Sharp- 
less,  2  S.  &  R.  91. 

INSOLVENCY. 

Fraudulent  insolvency,  with  intent  to  defraud  creditors,  and  collusion 
with  another  to  conceal  his  assets,  are  made  misdemeanors  by  law. 

INTERFERENCE  WITH    EMPLOYEES. 

For  members  of  striking  employees  to  interfere  with  persons  who 
have  been  employed  to  take  their  positions  has  been  held  to  warrant  the 
court  to  hold  them  to  bail  for  surety  of  the  peace.  Commonwealth  v. 
Silvers,  1  D.  R„  281  (1892).  It  has  also  been  held  to  be  disorderly  con- 
duct.   Comm.  v.  Redshaw,  2  D.  R.  96  (1892). 

KIDNAPPING. 

Kidnapping,  with  intent  to  extort  money,  is  a  felony,  punishable  by 
life  imprisonment,  or  any  term  of  years,  at  the  discretion  of  the  court. 
Aiding  and  abetting  in  kidnapping,  with  like  intent,  is  also  a  felony,  pun- 
ishable by  fine  of  $5,000  and  imprisonment  by  separate  and  solitary  con- 
finement at  labor  for  twenty-five  years. 

LARCENY. 

( 1 )  Larceny  is  a  felony,  punishable  by  fine  of  $500  and  imprisonment 
by  separate  or  solitary  confinement  at  labor  for  three  years. 

(2)  Larceny  by  bailee  is  punishable  as  larceny. 

(3)  Larceny  from  the  person,  or  robbery,  is  a  felony,  punishable  b/ 


86  SOCIAL    LAWS    OF    PENNSYLVANIA. 

fine  of  $1,000  and  seven  years'  separate  or  solitary  confinement. 

(4)  Larceny  from  houses,  in  the  daytime,  by  breaking  and  entering, 
or  either  by  night  or  day  by  entering  without  breaking,  is  a  felony, 
punishable  by  a  fine  of  $500  and  four  years'  separate  or  solitary  confine- 
ment at  labor. 

(5)  Larceny  of  wire  in  use  for  transmitting  electricity  is  a  felony, 
punishable  by  fine  of  $500  and  seven  years'  separate  or  solitary  confine- 
ment at  labor. 

(6)  Stealing  metal  or  other  fixtures  or  articles  from  a  building  is 
made  larceny,  punishable  by  fine  of  $500  and  three  years'  separate  or 
solitary  confinement  at  labor. 

(7)  Stealing  bank  bills,  notes,  certificates  and  evidences  of  indebted- 
ness and  choses  in  action  is  made  larceny,  punishable  by  fine  of  $500  and 
two  years'  separate  or  solitary  confinement. 

(8)  Horse  stealing  is  a  felony,  punishable  by  fine  of  $500  and  ten 
years'  separate  or  solitary  confinement  at  labor. 

LIBELS. 

"If  any  person  shall  write,  print,  publish  or  exhibit  any  malicious  or 
defamatory  libel,  tending  either  to  blacken  the  memory  of  one  who  is 
dead,  or  the  reputation  of  one  who  is  alive,  and  thereby  exposing  him 
to  public  hatred,  contempt  or  ridicule,"  it  is  criminal  libel,  a  misdemeanor, 
punishable  by  fine  of  $1,000  and  twelve  months'  imprisonment. 

Under  other  acts  it  is  likewise  a  misdemeanor  to  secure  the  publica- 
tion in  any  periodical  of  libelous  matter,  and  to  send  to  another  anony- 
mous, libelous  communications. 

LOTTERIES. 

All  lotteries  are  forbidden  and  made  punishable  by  fine  of  $1,000  and 
one  year's  separate  or  solitary  confinement  at  labor,  and  for  selling 
tickets  in  or  advertising  lotteries  the  imprisonment  is  two  years. 

MALICIOUS  MISCHIEF. 

Malicious  mischief  by  explosives,  and  malicious  mischief  to  railroads, 
both  under  the  old  act  and  under  the  Act  of  May  9,  1913,  P.  L.  186,  are 
felonies,  punishable  by  penalties  from  $500  and  three  years'  imprisonment, 
to  $5,000  and  ten  years'  imprisonment,  and  under  the  Act  of  1913,  if 
death  is  caused  by  the  malicious  mischief,  by  the  death  penalty. 

There  are  a  great  many  acts  of  Assembly  making  malicious  mischief 
of  different  kinds  misdemeanors.  The  penalties  range  from  a  small  fine 
recoverable  by  process  of  summary  conviction  to  fines  of  $1,000  and  three 
years'  imprisonment.    The  details  of  these  numerous  acts  not  here  given. 

MAYHEM. 

"If  any  person,  on  purpose,  and  of  malice  aforethought,  by  lying  in 
wait,  shall  unlawfully  cut  out  or  disable  the  tongue,  put  out  an  eye,  slit 
the  nose,  cut  off  the  nose,  ear  or  lip,  or  cut  off  or  disable  any  limb  or 


CRIMINAL  LAW.  87 

member  of  another,  or  brand  another  with  intention  in  so  doing  to  maim 
or  disfigure  such  person,"'  *  *  *  it  is  a  misdemeanor,  punishable  by 
fine  of  $1,000,  of  which  three-fourths  goes  to  the  party  grieved,  and  five 
years'  imprisonment. 

MURDER  AND  MANSLAUGHTER. 

All  murder  by  means  of  poison,  or  by  lying  in  wait,  or  by  any  other 
kind  of  wilful,  deliberate  and  premeditated  killing,  or  which  shall  be 
committed  in  the  perpetration  of  any  arson,  rape,  robbery,  or  burglary, 
is  murder  of  the  first  degree,  and  all  other  murder  is  murder  in  the 
second  degree.  The  punishment  for  murder  in  the  first  degree  is  fixed 
by  the  Act  of  June  19,  1913,  P.  L.  528,  at  death  "inflicted  by  causing  to 
pass  through  the  body  of  the  convict  a  current  of  electricity  of  intensity 
sufficient  to  cause  death,  and  the  application  of  such  current  must  be 
continued  until  such  convict  is  dead."  Punishment  for  second  degree 
murder,  for  the  first  offence,  is  imprisonment  by  separate  or  solitary 
confinement  for  twenty  years,  and  for  the  second  offence,  for  life. 

The  punishment  for  voluntary  manslaughter,  which  is  the  unlawful 
killing  of  another,  without  malice,  in  sudden  heat,  is  a  fine  of  $1,000  and 
twelve  years'  separate  or  solitary  confinement  at  labor;  for  involuntary 
manslaughter,  happening  in  consequence  of  an  unlawful  act,  is  a  fine  of 
$1,000  and  two  years'  imprisonment. 

NUISANCES. 

Maintaining  any  public  or  common  nuisance  is  a  misdemeanor,  pun- 
ishable by  fine  and  imprisonment  in  the  discretion  of  the  court  under  the 
circumstances  of  the  case;  and  the  court  may  order  the  same  abated  at 
the  cost  of  the  defendant. 

OBSCENITY. 

Selling  or  exhibiting  lewd,  indecent  and  obscene  pictures,  exhibiting 
in  any  public  place  indecent  pictures  representing  the  human  form  in  a 
nude  or  semi-nude  condition,  advertising  immoral  or  lewd  shows,  giving 
away,  lending  or  showing  to  minors  any  printed  matter  giving  accounts 
of  criminal  deeds,  and  stories  of  bloodshed,  lust  or  crime,  drawing  or 
posting  indecent  pictures  or  writings  in  public  places,  making,  publishing 
or  distributing  indecent  or  obscene  literature  or  pictures  or  other  articles, 
and  similar  acts  and  offences,  are  all  misdemeanors,  punishable  by  fine 
and  imprisonment  in  various  amounts.  Nothing  in  these  acts  shall,  how- 
ever, interfere  with  purely  scientific  works  written  on  the  subject  of 
sexual  physiology,  or  works  of  art. 

Under  the  Act  of  April  13,  191 1,  P.  L.  64,  it  is  a  misdemeanor  for 
any  person  to  give  or  participate  in,  or  for  the  owner  of  any  building,  tent, 
or  premises,  to  permit  any  exhibition  "of  a  lascivious,  sacriligious,  obscene, 
indecent,  or  of  an  immoral  nature  and  character,  or  such  as  might  tend  to 
corrupt  morals;"  penalty,  fine  of  $1,000  or  one  year's  imprisonment  in 
jail. 


88  SOCIAL   LAWS    OF    PENNSYLVANIA. 

PANDERING. 

(i)  The  Act  of  June  7,  191 1,  P.  L.  698,  provides  that  any  person 
procuring  or  inducing  a  female  to  become  a  prostitute,  or  who,  by  threats, 
fraud  or  duress,  shall  inveigle  any  female  person  to  enter  any  place  in 
which  prostitution  is  practiced,  shall  be  guilty  of  pandering.  Penalty,  ten 
years'  solitary  confinement  at  labor. 

Section  2  imposes  the  same  penalty  on  one  who  places  his  wife  in  a 
house  of  prostitution,  and  section  3  applies  the  same  penalty  to  one  who 
takes  her  earnings  from  any  woman  engaged  in  prostitution.  Section  4 
forbids  holding  a  female  in  a  disorderly  house  because  of  debts  she  has 
contracted.  By  section  5  transporting  a  female  into  or  across  the  state, 
with  intent  to  make  her  a  prostitute  is  forbidden  under  the  same  penalty. 
Under  section  6  the  defendant  may  be  prosecuted  in  any  county  in  which 
any  part  of  the  crime  was  committed. 

(2)  The  Federal  Act  of  June  25,  1910,  36  Statutes  825,  known  as 
the  "Mann  White  Slave  Law,"  which  is  to  be  found  in  the  pamphlet  of 
Immigration  Laws,  issued  by  the  U.  S.  Department  of  Labor,  provides 
that  any  person  who  shall  knowingly  transport,  in  interstate  or  foreign 
commerce,  or  shall  induce  or  entice,  any  woman  or  girl  for  the  purpose 
of  prostitution  or  debauchery,  or  for  any  other  immoral  purpose,  shall 
be  guilty  of  a  felony,  punishable  by  fine  of  $5,000  and  five  years'  imprison- 
ment. If  the  girl  is  under  eighteen,  the  above  penalties  are  doubled.  So 
far  as  the  suppression  of  the  white  slave  traffic  with  foreign  countries  is 
concerned,  the  enforcement  of  the  law  is  placed  in  the  hands  of  the 
Commissioner  of  Immigration. 

PERJURY. 

Perjury  is  a  misdemeanor,  punishable  by  fine  of  $500  and  seven 
years'  separate  or  solitary  confinement  at  labor;  and  such  person  "shall 
be  forever  disqualified  from  being  a  witness  in  any  matter  in  con- 
troversy." 

PROFESSIONAL  THIEVES. 

Professional  thieves,  burglars,  or  pickpockets  arrested  in  a  public 
place  where  he  was  attending  for  an  unlawful  purpose,  may  be  com- 
mitted to  jail  for  ninety  days  and  required  by  the  magistrate  to  give 
security  for  good  behavior  for  one  year. 

RAPE. 

"If  any  person  shall  have  unlawful  carnal  knowledge  of  a  woman, 
forcibly  and  against  her  will,  or  who,  being  of  the  age  of  sixteen  years 
and  upwards,  shall  unlawfully  and  carnally  know  and  abuse  any  woman- 
child  under  the  age  of  sixteen  years  with  or  without  her  consent,  such 
person  shall  be  adjudged  guilty  of  felonious  rape,"  punishable  by  fine  of 
$1,000  and  separate  or  solitary  confinement  at  labor,  or  by  simple  im- 
prisonment, for  fifteen  years;  provided,  that  if  the  girl  under  sixteen 
consented  and  she  was  not  of  good  repute,  the  conviction  shall  be  for 
fornication  only. 


CRIMINAL  LAW.  89 

RECEIVING    STOLEN    GOODS. 

Receiving  stolen  goods,  moneys  or  securities,  the  stealing  of  which 
is  larceny,  knowing  the  same  to  be  stolen,  is  a  felony,  punishable  in  the 
same  way  as  the  larceny. 

ROBBERY. 

(1)  See  larceny  from  the  person. 

(2)  Robbery  by  a  person  armed  with  an  offensive  weapon,  or  by 
beating  or  by  threats  to  accuse  of  an  infamous  crime,  is  a  felony,  punish- 
able by  fine  of  $1,000  and  ten  years'  separate  or  solitary  confinement  at 
labor. 

(3)  Robbing  of  bank  vaults  by  force  or  drugging  is  a  felony,  pun- 
ishable by  fine  of  $10,000  and  twenty  years'  imprisonment  at  hard  labor. 

(4)  Train  robbery  is  punishable  by  confinement  in  the  penitentiary 
for  not  less  than  fifteen  years. 

SECOND  CONVICTIONS. 

For  second  convictions  the  term  of  possible  imprisonment  is  doubled 
in  each  case. 

SEDUCTION. 

"The  seduction  of  any  female  of  good  repute,  under  twenty-one  years 
of  age,  with  illicit  connection  under  promise  of  marriage"  is  a  misde- 
meanor, punishable  by  fine  of  $5000  and  three  years'  imprisonment,  with 
or  without  labor;  provided,  "That  the  promise  of  marriage  shall  not  be 
deemed  established  unless  the  testimony  of  the  female  seduced  is  corro- 
borated by  other  evidence,  either  circumstantial  or  positive." 

SALE  OF  COCAINE. 

By  the  Act  of  May  8,  1909,  P.  L.  487,  selling  or  giving  away  cocaine 
or  alpha  or  beta  eucaine,  without  a  proper  prescription,  or  giving  to  any 
person  known  to  be  an  habitual  user  of  such  drugs  any  such  prescription, 
is  a  misdemeanor,  punishable  by  fine  of  $500  and  two  years'  imprisonment. 
Having  such  drugs  in  one's  possession,  not  being  a  doctor  or  druggist, 
is  a  misdemeanor,  punishable  by  fine  of  $100  and  six  months'  imprison- 
ment. 

SODOMY. 

Sodomy  and  buggery  are  felonies,  punishable  by  fine  of  $1000  and 
ten  years'  separate  or  solitary  confinement.  Attempting  or  soliciting  to 
commit  sodomy  or  buggery  is  a  misdemeanor,  punishable  by  fine  of 
S300  and  three  years'  imprisonment. 

Any  sexual  intercourse  with  another  person,  or  with  a  beast,  in 
any  manner  contrary  to  nature,  constitutes  the  crime  of  sodomy  or 
buggery. 

SURETY  OF  THE  PEACE. 

Under  the  Act  of  March  18,  1909,  P.  L.  48,  the  alderman,  magistrate 
or  justice  of  the  peace  before  whom  information  is  made  for  surety  of 


9o  SOCIAL   LAWS    OF    PENNSYLVANIA. 

the  peace,  under  the  Act  of  March  31,  i860,  P.  L.  427,  §  6  (Criminal 
Procedure  14),  must  enter  into  a  full  hearing  of  the  facts  and  then  only 
bind  over  to  court  when  satisfied  that  the  danger  to  the  prosecutor  is 
actual.  If  the  danger  is  not  actual,  the  alderman,  magistrate  or  justice 
may  place  the  costs  either  upon  the  prosecutor,  the  defendant,  or  both, 
and  commit  such  person  to  jail  until  they  are  paid,  or  he  is  discharged 
under  the  insolvency  laws. 

If  the  danger  was  actual,  the  defendant  is  bound  over  to  court 
immediately  (Act  of  April  27,  1909.  P.  L.  260),  and  after  hearing  in 
Quarter  Sessions  Court  he  may  be  bound  over  by  such  Court  in  such 
sum,  with  good  and  sufficient  sureties,  as  to  the  Court  may  seem  proper, 
to  be  of  good  behavior  and  keep  the  peace  towards  all  citizens. 

THREATS. 

(1)  Sending  writings  to  another  accusing  him  of  any  crime  or  mis- 
demeanor, with  intent  to  extort  money,  or  writing  letters  threatening 
another  with  murder  or  arson  of  his  property,  is  a  misdemeanor,  pun- 
ishable by  fine  of  $1,000  and  three  years'  separate  or  solitary  confine- 
ment at  labor. 

(2)  By  the  Act  of  May  19,  1913,  P.  L.  222,  attempting  to  extort 
money  by  means  of  threats  to  kidnap  is  a  felony,  punishable  by  fine  of 
$1000,  and  fifteen  years'  separate  or  solitary  confinement  at  labor. 

WHITE  SLAVE  LAW. 

See  Pandering. 

WITNESSES. 

Dissuading,  hindering  or  preventing  any  witness  from  attending  and 
testifying  is  a  misdemeanor,  punishable  by  fine  of  $500  and  one  year's 
imprisonment. 

2.  CRIMINAL  PROCEDURE. 

The  regular  method  of  beginning  the  prosecution  for  any  crime  is 
by  making  information  thereof  before  any  alderman,  magistrate  or  jus- 
tice of  the  peace.  This  may  be  done  by  any  person  having  knowledge  of 
the  crime,  either  of  his  own  knowledge  or  upon  information  and  belief. 
The  alderman,  magistrate  or  justice  of  the  peace  will  thereupon  issue  his 
warrant,  addressed  to  a  constable,  for  the  arrest  of  the  defendant,  and 
it  becomes  the  duty  of  the  officer  to  make  the  arrest. 

Upon  his  arrest,  the  defendant  has  the  right,  in  bailable  offences,  to 
be  taken  before  the  nearest  magistrate,  alderman  or  justice  of  the  peace 
and  give  bail  for  a  hearing  before  the  magistrate,  alderman  or  justice 
issuing  the  warrant.  At  the  hearing  the  defendant  or  his  counsel  may 
cross-examine  witnesses,  but  cannot  produce  any.  The  prosecution  must 
make  out  a  prima  facie  case  or  the  defendant  will  be  discharged.  If  a 
prima  facie  case  is  made  out,  the  defendant  is  held  for  court  and  bail 
fixed  by  the  magistrate,  alderman  or  justice  of  the  peace.  This  hear- 
ing may  be  waived  by  agreement  and  bail  given  for  court.    In  default  of 


CRIMINAL  LAW.  91 

bail,  the  defendant  must  go  to  jail,  unless  bail  is  waived  by  the  prosecutor 
and  the  defendant  is  allowed  to  go  on  his  own  recognizance. 

In  non-support  cases,  the  magistrate,  alderman  or  justice  of  the 
peace  is  authorized  to  send  the  case  to  court  without  a  hearing,  the  whole 
proceeding  coming  up  immediately  before  the  court  for  decision. 

After  the  ordinary  criminal  case  is  sent  to  court,  the  next  step  is  the 
indictment  by  the  grand  jury.  After  hearing  the  witnesses  for  the 
prosecution,  the  grand  jury  may  either  ignore  the  bill  or  find  a  true  bill. 

If  the  defendant  is  indicted,  the  case,  after  plea  being  entered,  is 
then  ready  for  trial  before  a  jury.  Then,  for  the  first  time,  both  sides 
produce  witnesses,  and  the  jury  decides  the  facts  after  full  hearing. 

After  conviction,  or  after  a  plea  of  guilty  or  of  nolo  contendere, 
the  court  imposes  the  sentence,  which,  in  general,  may  be  either  a  fine  or 
imprisonment,  or  both,  in  any  amount  less  than  the  punishments  named 
for  the  different  crimes.  Under  the  probation  and  parole  laws,  con- 
victed persons  may  be  allowed  to  go  at  large  before  serving  their  full 
term. 

3.  SEARCH  WARRANTS. 

The  Common  Law  right  to  issue  search  warrants  still  exists  in 
Pennsylvania,  and  upon  proper  information  made  they  may  be  issued  by 
any  alderman,  magistrate  or  justice  of  the  peace.  Article  I,  section  8,  of 
the  Constitution  of  Pennsylvania  requires  search  warrants  to  describe  the 
persons  or  things  to  be  searched  for  "as  nearly  as  may  be"  and  forbids 
their  issue  "without  probable  cause,  supported  by  oath  or  affirmation, 
subscribed  to  by  the  affiant."  A  description  as  "a  quantity  of  jewelry  and 
other  personal  effects  lately  by  some  one  feloniously  stolen,"  was  held 
to  be  sufficient  in  the  case  of  Moore  v.  Coxe,  10  W.  N.  C.  135,  29  Pitts. 
L.  J.  70. 

Section  5  of  the  Criminal  Procedure  Act  of  March  31,  i860,  P.  L. 
427  (Criminal  Procedure  153),  prescribes  the  method  of  finding  the 
owner  of  stolen  goods  found  by  search  warrants.  Under  that  act,  the 
person  in  whose  possession  such  goods  are  found  may  retain  possession 
of  them  until  trial,  upon  giving  sufficient  security  to  produce  them  at  the 
trial.    Comm.  v.  Thompson,  9  Dl  R.  559,  24  Pa.  C.  C.  179. 

4.  EXTRADITION. 

Article  IV,  section  2,  of  the  Constitution  of  the  United  States  pro- 
vides that  where  a  person  is  charged  in  one  state  with  "treason,  felony, 
or  other  crime"  and  shall  "flee  from  justice  and  be  found  in  another  state," 
he  shall  be  delivered  up  on  demand  of  the  first  state  and  removed  to  such 
state.  This  section  of  the  Constitution  was  carried  into  effect  by  the  Act 
of  Congress  of  1793,  being  Sec.  5278  of  the  Revised  Statutes. 

It  has  repeatedly  been  held,  and  is  the  law,  that  there  may  be  extra- 
dition for  misdemeanors,  and  that  the  crime  charged  need  only  be  a  crime 
in  the  demanding  state,  not  in  the  state  of  asylum.  There  can  therefore 
be  extradition  to  Pennsylvania  from  any  other  state  in  the  United  States, 
for  such  a  crime  as  desertion  and  non-support,  which  is  a  misdemeanor 
by  Act  of  1903,  whether  the  state  of  asylum  makes  it  a  crime  or  not. 


92  SOCIAL    LAWS    OF    PENNSYLVANIA. 

Where  extradition  is  desired  in  any  case,  proper  information  should 
be  made  and  one  or  more  affidavits  showing  the  facts  should  be  prepared, 
and  application  be  made  to  the  District  Attorney  of  the  County,  the 
information,  warrant  and  affidavits  to  attach  to  the  extradition  papers 
being  all  prepared  and  signed  and  sworn  to  in  duplicate.  If  the  case 
is  a  proper  one,  the  District  Attorney  should  ask  for  the  fugitive's  arrest 
in  the  state  of  asylum  and  should  request  the  Governor,  in  regular  form, 
for  a  requisition  upon  the  Governor  of  the  state  of  asylum.  That  Gov- 
ernor should  then  issue  a  warrant  and  the  District  Attorney  should  send 
an  agent  to  bring  the  fugitive  back.  Under  the  Act  of  March  31,  i860, 
P.  L.  427,  §  1  (Criminal  Procedure  1),  the  reasonable  expenses  of  bring- 
ing the  fugitive  back  for  trial  "shall  be  paid  out  of  the  treasury  of  the 
county  where  the  offence  is  charged  to  have  been  committed." 

The  duty  of  the  Governor  of  the  state  of  asylum  is  very  clearly  laid 
down  in  the  case  of  Com.  v.  Hare  (1908),  36  Pa.  Super.  Ct.  125,  in 
which  it  is  said  that  the  duty  of  the  Governor  is  "absolute"  when  the 
papers  are  in  proper  form ;  that  the  constitutional  provision  for  extradi- 
tion is  in  the  nature  of  a  treaty  between  the  states  to  which  the  executive 
of  each  is  "bound  to  give  effect." 

It  is  to  be  noted  that  the  foregoing  extradition  law  does  not  apply 
when  a  defendant  forfeits  his  bail  and  it  is  desired  by  the  bondsman  to 
bring  him  back  from  another  state.  The  bondsman  may  arrest  him  any- 
where and  bring  him  back  without  any  extradition  proceedings.  The 
bondsman  should  take  out  a  "bail-piece,"  and  he  may  thereupon  authorize 
any  other  person  to  arrest  and  return  the  defendant.  There  is  both 
Federal  and  State  authority  for  this,  the  cases  being  collected  in  the  case 
of  In  re  Von  der  Ahe  (1898),  85  Fed.  Rep.  959,  reported  also  in  20  Pa. 
C.  C.  305,  7  D.  R.  131  and  45  P-  L-  J.  267. 

5.  ADULT  PROBATION. 

The  Act  of  May  10,  1909,  P.  L.  495,  as  re-enacted  and  supplemented 
by  the  Act  of  June  19,  191 1,  P.  L.  1055,  provides  a  system  of  parole  and 
probation  for  persons  convicted  of  crime.  The  court  may  suspend  sen- 
tence and  place  the  defendant  on  probation  on  such  conditions  as  it 
may  see  fit  after  the  first  conviction  of  any  crime  except  the  following: 
murder,  administering  poison,  kidnapping,  incest,  sodomy,  buggery,  rape, 
assault  and  battery  with  intent  to  ravish,  arson,  robbery  or  burglary, 
most  of  which  crimes  are  penitentiary  offences.  If  any  person  on  pro- 
bation shall  violate  the  terms  thereof,  he  shall  be  subject  to  arrest  in  "the 
same  manner  as  in  the  case  of  an  escaped  convict."  It  is  therefore  a  mis- 
demeanor to  break  the  terms  of  probation,  as  escaped  convicts  are  subject 
to  arrest  under  the  Crimes  Act  of  March  31,  i860,  P.  L.  382,  §  3  (Crimes 
130),  making  an  escape  a  misdemeanor  punishable  by  additional  im- 
prisonment. The  right  to  charge  the  defendant  with  a  new  crime  often 
becomes  important  when  a  defendant  violates  the  terms  of  his  proba- 
tion and  then  goes  to  another  state,  making  extradition  necessary. 

When  a  defendant  is  sentenced  to  the  penitentiary,  the  act  provides 
for  a  maximum  and  minimum  sentence  by  the  court,  and  after  serving 


CRIMINAL  LAW.  93 

the  minimum  period  the  convict  may  be  released  on  parole  by  the  Gov- 
ernor upon  recommendation  of  the  Board  of  Inspectors  of  the  peni- 
tentiary. By  the  supplement  of  June  19,  1913,  P.  L.  532,  any  convict  sen- 
tenced to  the  penitentiary  prior  to  July  1,  191 1,  who  has  served  one- 
third  of  his  sentence,  may  be  paroled  in  the  same  way. 

The  act  also  provides  for  the  appointment  of  a  probation  officer  by 
the  court. 

The  Act  of  June  19,  191 1,  P.  L.  1059,  permits  the  court  to  release 
on  parole  any  person  confined  in  the  "county  jail  or  workhouse." 

Under  the  Act  of  May  11,  191 1,  P.  L.  273,  as  amended  by  the  Act 
of  May  23,  1913,  P.  L.  335,  the  court  is  empowered  to  release  on  parole 
any  person  acquitted  by  the  jury  on  the  ground  of  insanity. 


CHAPTER  VIII. 
COLLECTION  OF  DEBTS- 


PAGE 


1.  Workmen's  Compensation,  in  General 94 

2.  Federal  Employers'  Liability  Act 94 

3.  Claims   for  Wages 95 

4.  Attachment  of  Wages 95 

5.  Mechanics'  Liens 96 

6.  Landlord  and  Tenant. 

( 1 )  Distress  for  Rent  in  Arrear 96 

(2)  Priority  of  Rent  Claims  in  Execution 97 

(3)  Liability  of  Tenants  for  Taxes 98 

(4)  Suit  for  Recovery  of  Possession 98 

7.  Exemptions   from   Execution 98 

8.  Stay  of  Execution 99 

9.  Imprisonment  for  Debt 100 

1.  WORKMEN'S  COMPENSATION,  IN  GENERAL. 
The  common  law  still  prevails  in  Pennsylvania  in  regard  to  work- 
men who  are  injured  in  the  course  of  their  employment.  This  means 
that  an  employee,  in  order  to  recover  from  his  employer,  must  prove  that 
the  employer  was  guilty  of  negligence  which  caused  the  injury,  and  he 
must  present  a  case  which  is  free  from  each  and  all  of  the  following 
three  defences : 

(1)  Contributory  negligence,  which  means  that  the  carelessness  of 
the  employee  was  partly  the  cause  of  the  accident.  If  such  was  the  case, 
the  employer  is  entirely  relieved  from  liability,  although  his  own  negli- 
gence was  largely  responsible. 

(2)  Negligence  of  a  fellow  servant,  which  means  that  the  carelessness 
of  a  fellow  employee  was  responsible,  in  which  case  the  injured  person 
is  supposed  to  sue  the  fellow  employee  instead  of  the  employer,  although 
he  had  no  voice  in  choosing  such  fellow  employee. 

(3)  Risk  of  the  trade,  which  means  that  risks  which  necessarily  ac- 
company a  dangerous  business  are  placed  upon  the  employee  instead  of 
being  made  a  condition  and  risk  of  the  business  itself. 

Many  states  have  abolished  these  defenses  and  have  placed  most  of 
the  cost  of  industrial  accidents  upon  the  business  and  such  laws  have 
been  proposed  in  Pennsylvania,  but  not  yet  passed.  As  the  rules  of  the 
common  law  are  very  technical,  each  case  should  be  presented  to  an  at- 
torney for  his  advice  and  guidance.  The  statute  of  limitation  in  such 
cases  is  two  years. 

2.    FEDERAL  EMPLOYERS'  LIABILITY  ACT. 

The  Act  of  Congress  of  June  11,  1906,  34  Stat,  at  Large  232c,  3073, 
as  supplemented  by  the  Act  of  April  22,  1908,  and  amended  April  5,  1910, 

(94) 


COLLECTION  OF  DEBTS.  95 

was  passed  for  the  further  protection  of  the  employees  of  interstate  rail- 
roads. For  such  employees,  the  defences  of  contributory  negligence  and 
risk  of  the  business  are  absolutely  abolished  when  the  railroad  is  breaking 
any  statute  and  that  contributes  to  any  extent  to  the  accident.  The 
defence  of  negligence  of  a  fellow  servant  is  absolutely  abolished.  When 
there  is  contributory  negligence,  it  goes  merely  to  reduce  damages,  and 

does  not  conclude  the  action. 

■« 

3.    CLAIMS  FOR  WAGES. 

The  Act  of  May  12,  1891,  P.  L.  54  (Wages  1),  provides  that  claims 
for  wages  up  to  $200  earned  within  six  months  shall  have  priority  out 
of  the  proceeds  of  the  sale  of  any  property,  real  or  personal,  of  the 
debtor,  but  such  claims,  in  order  to  be  a  lien  on  real  estate,  must  be  filed 
within  three  months  in  the  same  manner  as  mechanics'  liens  are  filed. 

The  common  use  of  this  law  is  in  obtaining  for  the  laborer  priority 
in  case  of  constable's  or  sheriff's  sales  of  any  property  of  the  debtor. 
In  such  cases  all  that  is  necessary  is  to  hand  to  the  constable  or  sheriff 
before  the  sale  a  written  statement  of  the  wage  claim.  It  then  becomes 
the  duty  of  the  officer  to  pay  the  same  out  of  the  proceeds  of  sale. 
If  the  execution  creditor  stops  the  sale,  the  wage  claimant  cannot  insist 
on  the  sale  being  continued.  Wilkinson  v.  Patton,  162  Pa.  12;  Mettfett 
v.  Mohn,  171  Pa.  395.  If  that  happens,  the  wage  claimant  must  bring  suit 
and  get  a  judgment  on  his  claim  and  issue  execution  thereon  against  the 
employer's  property. 

A  wage  claim  takes  preference  of  all  other  claims  except  mortgages 
and  judgments  entered  before  the  labor  was  performed;  and  by  the  Act 
of  May  8,  1874,  P.  L.  120  (Wages  5),  wage  claims  have  priority  over 
coal  lease  mortgages,  and  by  the  Act  of  June  12,  1878,  P.  L.  207  (Wages 
10),  they  have  priority  over  rent  claims.  In  a  judgment  for  wages  for 
$100  or  less  there  is  no  stay  of  execution,  and  when  this  judgment  is 
for  no  more  than  $50  the  exemption  laws  do  not  apply.  When  a  judgment 
for  wages  is  rendered  by  any  magistrate,  alderman  or  justice  of  the 
peace,  the  defendant  is  not  entitled  to  an  appeal  until  he  enters  bond 
with  surety  for  the  payment  of  the  amount  that  shall  be  finally  recovered. 

4.  ATTACHMENT  OF  WAGES. 
There  is  no  general  law  in  Pennsylvania  permitting  the  attachment 
of  wages  for  payment  of  a  judgment;  nor  is  an  assignment  of  future 
wages  valid  unless  it  is  accepted  in  writing  by  the  employer.  But  by  the 
Act  of  May  8,  1876,  P.  L.  139  (Hotels,  Inns  and  Restaurants  30).  as  last 
amended  by  the  Act  of  May  1,  1913,  P.  L.  132,  keepers  of  hotels,  inns, 
boarding  houses  and  lodging  houses  may  begin  suit  before  magistrates, 
aldermen  or  justices  of  the  peace  by  attaching  wages  already  due  or 
owing  to  recover  four  weeks'  board  or  lodging,  or  both ;  and  it  thereupon 
becomes  the  duty  of  the  employer  to  hold  back  the  wages  then  due  until 
twenty  days  after  judgment,  and  if  no  appeal  has  been  taken  by  the  de- 
fendant then  to  pay  debt,  interest  and  costs  to  the  magistrate  and  the 
balance  to  the  workman.     The  Act  of  April  4,  1889,  P.  L.  23  (Hotels, 


96  SOCIAL    LAWS    OF    PENNSYLVANIA. 

Inns  and  Restaurants  31),  provides  that  the  defendant  in  such  a  proceed- 
ing shall  not  be  entitled  to  any  exemption. 

This  act  has  recently  been  held  unconstitutional  by  the  Court  of 
Common  Pleas  of  Allegheny  County.  Whether  this  view  will  be  sustained 
by  the  Supreme  Court  is  uncertain. 

By  the  Act  of  May  23,  1907,  P.  L.  201  (Wages  19a  to  I9d),  wages 
of  $75  or  less  owing  a  deceased  employee  at  the  time  of  his  death  may 
be  paid  out  by  the  employer  without  requiring  the  issuing  of  letters  of 
administration.  Such  payment  is  to  be  made  to  the  wife,  children,  father 
or  mother,  sister  or  brother,  in  the  order  named ;  if  none  of  these  are 
left  surviving,  then  payment  may  be  made  to  the  following  creditors, 
each  to  receive  his  pro  rata  share:  undertaker,  physician,  boarding-house 
keeper  and  nurse. 

By  the  Act  of  June  4,  1913,  P.  L.  405,  an  assignment  of  future 
wages  to  secure  a  loan,  when  made  by  a  married  man,  must  be  accom- 
panied by  the  written  consent  of  his  wife  when  accepted  in  writing  by 
the  employer,  in  order  to  be  valid.  This  act  has  been  held  unconstitu- 
tional by  the  Court  of  Quarter  Sessions  of  Philadelphia  County.  See 
the  Act  relating  to  Loan  Companies,  under  "Miscellaneous." 

By  the  Act  of  April  15,  1913,  P.  L.  72,  which  is  an  amendment  to  the 
Non-support  Law  of  1867,  it  has  been  held  that  an  order  of  support  may 
be  collected  by  execution  attachment  against  wages.  See  Desertion  and 
Non-Support,  1. 

5.     MECHANICS'  LIENS. 

Under  the  Mechanics'  Lien  Law  of  June  4,  1901,  P.  L.  431,  and  the 
amendments  and  supplements  thereto,  any  person  who  has  furnished  labor 
or  materials  to  a  building  under  a  contract  with  the  owner  or  with  one 
who  dealt  with  the  owner  has  the  right  (except  in  the  case  of  no-lien 
building  contracts  which  are  properly  on  file  in  the  Prothonotary's  Office) 
to  file  a  lien  against  the  building  for  his  own  protection.  When  a  lien  is 
intended  to  be  filed  by  a  "sub-contractor"  or  one  who  dealt  with  a  "con- 
tractor" and  not  with  the  owner,  he  must  give  notice  of  such  intention  to 
the  owner  within  three  months  after  the  last  work  was  done  or  materials 
furnished,  if  the  building  is  new,  and  within  forty-five  days  if  the  build- 
ing is  old  and  the  work  consisted  of  repairs  or  alterations.  In  the  case 
of  new  buildings  the  lien  must  be  filed  within  six  months,  and  in  the  case 
of  alterations  and  repairs  within  three  months  after  the  last  labor  or 
material  was  furnished. 

The  various  notices  and  papers  required  by  this  act  and  the  decisions 
under  it  are  very  technical  and  must  be  carefully  prepared  in  each  case,  so 
when  the  existence  of  a  right  to  lien  is  suspected  an  attorney  should  be 
consulted. 

6.     LANDLORD  AND  TENANT. 

(i)   DISTRESS  FOR  RENT   IN  ARREAR. 

Under  the  Act  of  March  21,  1772  (Landlord  and  Tenant  1),  a  land- 
lord or  his  agent  may  distrain  for  rent  due  him  by  issuing  his  warrant 


COLLECTION  OF  DEBTS.  97 

to  a  constable,  who  thereby  is  authorized  to  take  possession  of  the  goods 
and  chattels  on  the  premises  and  hold  them  for  the  satisfaction  of  the  rent 
claim.  After  five  days  the  goods  must  be  appraised  and  after  an  addi- 
tional six  days'  public  notice  they  may  be  sold. 

Under  the  Act  of  April  9,  1849,  p-  L-  533  (Execution  18),  the 
tenant  has  the  advantage  of  $300  exemption ;  but  the  benefit  of  exemption 
may  be  waived  by  agreement;  therefore,  if  there  is  a  signed  lease  it  is 
probable  that  exemption  is  waived,  very  few  lease  forms  being  used 
which  do  not  contain  such  a  waiver.  (For  a  general  consideration  of 
the  law  relating  to  exemptions,  see  "Exemptions  from  Execution.") 

The  constable  may  distrain  upon  any  goods  found  upon  the  premises, 
even  the  goods  of  a  stranger  (subject,  of  course,  to  the  exemption  laws), 
except  the  following  classes : 

(1)  Goods  held  by  the  tenant  in  storage  or  on  commission  for  sale, 
this  exception  being  made  to  benefit  trade. 

(2)  Property  of  a  boarder,  so  far  as  it  is  in  actual  use  by  him. 

(3)  Goods  under  the  custody  of  the  law,  either  by  virtue  of  an  exe- 
cution or  attachment. 

The  constable  may  also  distrain  upon  goods  of  the  tenant  which  have 
been  fraudulently  removed  for  the  purpose  of  preventing  a  distraint  for 
rent,  such  distraint  being  within  thirty  days  of  such  removal.  This  right, 
however,  does  not  extend  to  the  goods  of  a  stranger,  and  a  tenant's  wife 
is  a  stranger  in  this  respect.  Also,  if  the  goods  have  been  sold  to  an  inno- 
cent purchaser,  there  is  no  right  of  distraint. 

If  a  landlord  distrains  and  sells  goods  when  there  is  no  rent  in  arrear, 
the  owner  of  the  goods  may  sue  him  in  trespass  and  recover  double  the 
value  of  the  goods  thus  taken  and  sold. 

If  a  tenant  or  other  person  "rescues"  goods  after  a  distraint,  that  is, 
takes  possession  of  them  and  removes  them  from  the  custody  of  the  con- 
stable, the  person  injured  thereby  may  recover  treble  damages  from  the 
offender,  or  from  the  owner  if  he  profited  thereby. 

When  a  tenant  has  an  account  against  his  landlord  which  the  latter 
refuses  to  allow,  the  tenant  may  take  the  case  before  a  justice  of  the 
peace  (the  rent  claimed  being  less  than  $300),  and  the  landlord  may  be 
compelled  to  defalcate  or  set  off  the  amount  of  his  indebtedness  to  the 
tenant,  in  accordance  with  the  Act  of  March  20,  1810,  5  Sm.  L.  162 
(Justices  of  the  Peace  43).  If,  after  the  decision  of  the  justice,  the  land- 
lord proceeds  by  landlord's  warrant  and  distrains  and  sells  more  than 
to  the  amount  of  the  balance  found  by  the  justice,  then  the  landlord 
forfeits  to  the  tenant  four  times  the  amount  of  the  sum  thus  illegally 
collected. 

(2)    PRIORITY  OF  RENT   CLAIMS   IN   EXECUTION. 

Where  a  tenant's  goods  are  levied  upon  by  a  third  person,  under  the 
Act  of  June  16,  1836,  P.  L.  755,  §  83  (Landlord  and  Tenant  17),  the 
landlord  has  a  priority  to  the  extent  of  one  year's  rent ;  and  there  can  be 
no  stay  of  proceedings  by  the  plaintiff  unless  the  written  consent  of  the 
landlord  is  first  had  and  obtained. 


98  SOCIAL    LAWS    OF    PENNSYLVANIA. 

(3)    LIABILITY   OF   TENANTS    FOR  TAXES. 

The  Act  of  April  3,  1804,  4  Smith's  Laws  201  (Taxation  288),  pro- 
vides that  every  tenant  shall  be  liable  to  pay  all  taxes  becoming  due  on  the 
leased  premises  during  his  possession ;  and,  having  paid  them,  he  may 
recover  from  his  landlord  or  keep  the  amount  out  of  the  rent. 

By  the  Act  of  April  15,  1834,  P.  L.  509  (Taxation  287),  the  tenant's 
goods  may  be  levied  on  for  taxes  assessed  during  his  possession  and 
remaining  unpaid. 

(4)    SUIT  FOR  RECOVERY  OF  POSSESSION. 

Justices  of  the  peace,  aldermen  and  magistrates  have  jurisdiction 
under  several  acts  for  assisting  a  landlord  to  recover  possession  of  rented 
premises,  both  at  the  expiration  of  the  term  and  at  any  time  for  non- 
payment of  rent.  In  the  case  of  expiration  of  the  term,  three  months' 
notice  to  deliver  up  possession  is  required,  except  when  the  lease  is  for 
less  than  one  year,  when  30  days'  notice  is  sufficient.  In  the  case  of  non- 
payment of  rent,  fifteen  days'  notice  is  sufficient,  but  the  tenant  may  retain 
possession  and  end  the  proceedings  to  dispossess  at  any  time  by  paying  the 
rent  in  arrears. 

If  the  tenant  is  injured  by  the  decision  of  the  justice,  he  may  appeal 
to  common  pleas  court,  and  in  Philadelphia  such  appeal  will  act  as  a 
supersedeas  in  all  cases ;  elsewhere  in  the  State  it  is  a  supersedeas  except 
in  cases  of  expiration  of  lease,  where  the  tenant  must  deliver  up  posses- 
sion, but  has  a  right  of  action  for  damages  in  case  he  wins  his  appeal. 

t 

7.    EXEMPTION  FROM  EXECUTION. 

The  general  exemption  law  of  this  State  is  the  Act  of  April  9,  1849, 
P.  L.  533  (Execution  18),  under  which  property  to  the  amount  of  $300, 
"exclusive  of  all  wearing  apparel  of  the  defendant  and  his  family,  and  all 
Bibles  and  school  books  in  use  in  the  family  (which  shall  remain  exempted 
as  heretofore),"  shall  be  exempt  from  levy  and  sale  on  execution  upon  a 
contract  debt  or  by  distress  for  rent.  Exemption  may  be  claimed  out  of 
real  estate,  as  well  as  personal  property.  This  exemption  does  not  apply 
in  the  case  of  a  suit  for  damages  for  a  tort,  but  only  upon  a  contract 
debt.  It  may  be  waived  in  advance  by  the  debtor,  and  this  is  commonly 
the  case  when  the  debt  arises  upon  a  judgment  note,  a  judgment  bond  or 
a  lease  for  real  estate.  The  printed  forms  of  practically  all  instruments 
which  contain  a  confession  of  judgment  clause  contain  also  a  waiver  of 
exemption  laws,  and  such  waiver  in  advance  is  recognized  by  the  courts 
of  this  State  and  is  valid.  Also,  there  is  no  exemption  in  the  case  of  a 
suit  for  taxes. 

The  courts  have  held  that  a  debtor  upon  a  forfeited  recognizance 
cannot  claim  exemption;  so  that  when  judgment  is  had  even  against  the 
surety  upon  such  an  instrument  as  a  bond  given  by  a  wife  deserter  in  a 
non-support  case,  the  defendant  cannot  claim  any  exemption. 

The  demand  for  exemption  must  be  made  promptly,  whereupon  the 
sheriff,  constable  or  other  officer  making  the  levy  summons  three  disin- 


COLLECTION  OF  DEBTS.  99 

terested  appraisers  to  appraise  the  property  chosen  by  the  debtor,  who 
may  set  aside  $300  worth,  and  the  sale  proceeds  as  to  the  balance  of  the 
property  levied  upon. 

A  married  woman  is  entitled  to  $300  exemption  in  a  case  where  her 
property  was  levied  upon  for  rent  owing  by  her  husband,  even  although 
he  had  waived  exemption  in  signing  the  lease. 

Under  the  Acts  of  April  17,  1869,  P.  L.  69,  and  March  4,  1870,  P.  L. 
35  (Execution  24,  25),  sewing  machines  of  seamstresses  and  of  private 
families  are  exempt  from  levy  and  sale  upon  execution  or  distress  for 
rent;  but  this  does  not  apply  to  persons  who  keep  sewing  machines  for 
sale  or  hire.  This  does  not  prevent  the  landlord  levying  upon  a  sewing 
machine  which  is  leased  to  his  tenant  upon  a  distress  for  rent. 

By  the  Act  of  May  13,  1876,  P.  L.  171  (Execution  26),  all  leased 
pianos,  melodeons  and  organs  are  exempt  from  execution  and  from 
distress  for  rent,  provided  that  so  far  as  rent  is  concerned  previous  notice 
of  ownership  by  another  than  the  tenant  must  be  given  to  the  landlord 
or  his  agent. 

In  the  same  way,  the  Act  of  June  25,  1895,  P.  L.  282  (Landlord  and 
Tenant  7),  exempts  leased  sewing  machines  and  typewriters,  and  the  Act 
of  April  28,  1899,  P.  L.  117  (Landlord  and  Tenant  8),  as  supplemented 
by  the  Act  of  May  3,  1909,  P.  L.  423,  exempts  leased  or  conditionally  sold 
soda-water  apparatus  and  appurtenances  therto,  it  being  sufficient  notice 
in  the  latter  case  if  the  name  and  address  of  the  owner,  lessor  or  con- 
ditional vendor  be  marked  on  or  attached  to  said  apparatus. 

By  the  Act  of  May  3,  1909,  P.  L.  407,  all  leased  electric  motors, 
electric  fans,  or  dynamos  are  exempt  from  execution  or  distress  for 
rent,  provided  the  owners  give  notice  of  their  ownership  to  the  landlord 
within  ten  days  after  such  apparatus  is  placed  upon  the  demised  premises. 

Under  the  Act  of  March  4,  1887,  P.  L.  4  (Execution  27),  no  exemp- 
tion is  allowed  upon  a  judgment  of  $100  or  less,  obtained  for  wages  for 
manual  labor,  and  under  the  Act  of  April  4,  1889,  p-  L.  23  (Execution 
29),  no  exemption  is  allowed  upon  a  judgment  for  board  for  four  weeks 
or  less. 

8.     STAY  OF  EXECUTION. 

The  period  for  which  there  may  be  a  stay  of  execution  in  any  case 
depends  on  whether  the  judgment  was  taken  before  a  justice  of  the  peace 
or  alderman,  or  was  taken  in  some  other  court ;  and  in  either  case  it 
depends  on  the  amount  of  the  judgment. 

When  the  judgment  is  before  an  alderman  or  justice  of  the  peace, 
there  may  be  stay  of  execution  (except  in  certain  general  classes  of  cases 
hereafter  mentioned)  for  the  following  periods,  under  the  Act  of  June 
24,  1885,  P.  L.  158  (Justices  of  the  Peace  148),  such  periods  to  be  com 
puted  from  the  day  judgment  is  entered: 

On  judgments  of  $5.33  or  less,  none. 

On  judgments  above  $5.33  to  $20,  3  months. 

On  judgments  above  $20  to  $60,  6  months. 

On  judgments  above  $60  to  $300,  9  months. 


ioo  SOCIAL    LAWS    OF    PENNSYLVANIA. 

Such  stay  may  be  had  either  where  the  defendant  is  a  freeholder  or 
where  he  enters  bail  absolute  with  one  or  more  sufficient  sureties,  in  double 
the  amount  of  debt,  interest  and  costs.  The  act  expressly  excepts  judg- 
ments for  wages  of  manual  labor  from  its  operation. 

When  the  judgment  is  in  any  other  court  than  the  above,  stay  of 
execution  is  governed  by  the  Act  of  June  16,  1836,  P.  L.  755  (Execution 
30  et  seq.).  This  is  the  general  act  applying  to  court  judgments,  and 
in  it  certain  classes  of  cases  are  excepted  from  its  operation,  as  follows : 

( 1 )  Actions  of  "debt,"  meaning  the  technical  common  law  action 
by  such  name. 

(2)  Actions  of  scire  facias  upon  judgments,  and  upon  mortgages. 

(3)  As  the  act  is  limited  to  "actions  instituted  by  writ,"  there  can 
be  no  stay  upon  judgments  entered  on  a  warrant  of  attorney,  or  by 
confession. 

(4)  As  the  act  is  limited  to  actions  "for  the  recovery  of  money  due 
by  contract  or  of  damages  arising  from  a  breach  of  contract,"  there 
can  be  no  stay  when  the  action  is  for  damages  for  a  tort,  or  when  the 
action  is  upon  an  official  recognizance,  as,  for  instance,  a  bond  given  under 
an  Act  of  Assembly  in  a  non-support  proceeding. 

In  those  cases  which  are  within  the  act,  if  the  defendant  owns  real 
estate,  without  encumbrances,  worth  the  amount  of  the  judgment,  or  if 
he  gives  bond  with  sureties  within  thirty  days  after  judgment  is  entered 
for  double  the  amount  of  debt,  interest  and  costs,  he  may  have  a  stay  of 
execution  a  sfollows : 

When  sum  recovered  is  not  more  than  $200,  six  months. 

When  sum  recovered  is  above  $200  to  $500,  nine  months. 

When  sum  recovered  is  above  $500,  twelve  months. 

The  date  from  which  these  periods  shall  be  calculated  is  the  "return 
day"  of  the  writ,  not  the  later  day  upon  which  judgment  was  entered. 
Therefore  if  court  delays  cause  the  entry  of  judgment  to  be  more  than 
the  above  periods  after  the  return  day  of  the  writ,  there  can  be  no  stay 
of  execution. 

The  Act  of  May  14,  1874,  P.  L.  145  (Execution  39),  provides  that  in 
the  case  of  judgments  for  $100  or  less  for  wages  of  manual  labor,  no  stay 
of  execution  shall  be  allowed. 

9.     IMPRISONMENT  FOR  DEBT. 

In  general,  under  the  Act  of  July  12,  1842,  P.  L.  339,  §  1  (Imprison- 
ment for  Debt  1,  and  Practice  69),  imprisonment  for  civil  indebtedness 
is  abolished  in  Pennsylvania,  but  this  act  does  not  apply  to  actions  of 
tort,  that  is,  to  civil  wrongs  not  based  on  some  contract  right.  As  to 
these,  there  may  still  be  arrest  and  imprisonment.  The  action  may  be 
begun  by  an  arrest  on  a  capias,  and  holding  for  bail,  or  the  arrest  may 
be  made  at  any  stage  of  the  proceedings.  The  practice  in  this  particular 
is  governed  by  the  Act  of  June  13,  1836,  P.  L.  568  (Practice  37  to  62), 
which  applies  to  all  trespass  cases  except  certain  exempted  classes  of  per- 
sons as  well  as  to  those  assumpsit  (contract)  cases  which  are  excepted 


COLLECTION  OF  DEBTS.  ici 

from  the  operation  of  the  above  Act  of  1842.    The  exempted  c1asses  are 
as  follows:  "*  :  '•'.•"■' 

(1)  Under  the  Act  of  March  20,  1724,  1  Sm.  L.  164  (Practice  63 
to  66),  freeholders  owning  fifty  acres  of  land,  or  land  with  a  dwelling 
house  worth  "fifty  pounds  current  money  of  America,"  or  unimproved 
land  to  the  same  amount. 

(2)  Under  the  Act  of  February  8,  1819,  7  Sm.  L.  150  (Practce  67), 
no  female  shall  be  arrested  or  imprisoned  for  debt. 

(3)  Under  the  Act  of  June  13,  1836,  P.  L.  568,  §  6  (Practice  68),  no 
executor  or  person  in  a  representative  character,  nor  any  person  for  a 
debt  of  less  than  $5.34. 

The  above  Act  of  1842  abolishing  imprisonment  for  debt  excepts 
from  its  operation  the  following  classes  of  cases,  in  which  there  may  still 
be  imprisonment : 

(1)  Proceedings  as  for  contempt  to  enforce  civil  remedies. 

(2)  Actions  for  fines  or  penalties. 

(3)  Actions  on  promises  to  marry. 

(4)  Actions  for  moneys  collected  by  any  public  officer. 

(5)  Actions  for  misconduct  or  neglect  in  office. 

(6)  Actions  for  misconduct  or  neglect  in  any  professional  employ- 
ment. 

Even  in  the  cases  in  which,  under  section  one  of  the  above  Act  of 
1842,  imprisonment  is  not,  in  general,  allowed,  the  remaining  twenty-one 
sections  of  that  Act  (Practice  70  to  88)  provide  a  method  of  making 
arrests  under  certain  specified  circumstances.  This  method  is  by  means 
of  what  is  known  as  a  "bench  warrant,"  namely,  a  warrant  issued  directly 
by  the  judge  upon  proper  affidavit,  commanding  the  defendant  to  be 
arrested  and  brought  forthwith  before  the  judge  on  the  bench.  In  order 
to  obtain  a  bench  warrant,  the  affidavits  must  establish  to  the  satisfaction 
of  the  judge  one  or  more  of  the  following  particulars: 

I.  That  the  party  is  about  to  remove  any  of  his  property  out  of  the 
jurisdiction  with  intent  to  defraud  his  creditors. 

II.  That  he  has  property  which  he  fraudulently  conceals. 

III.  That  he  has  stocks  or  other  property  which  he  unjustly  refuses 
to  apply  to  the  payment  of  any  judgment  rendered  against  him  in  favor 
of  the  complainant. 

IV.  That  he  has  assigned,  removed  or  disposed  of,  or  is  about  to 
dispose  of  any  of  his  property,  with  intent  to  defraud  his  creditors. 

V.  That  he  has  fraudulently  contracted  the  debt  respecting  which 
suit  is  brought. 

After  arrest  on  a  bench  warrant  the  defendant  may  give  security  and 
obtain  his  discharge ;  or  he  may  obtain  his  discharge  under  the  insolvency 
laws,  after  remaining  in  jail  three  months,  and  turning  over  all  his 
property.  Under  the  Act  of  March  31,  i860,  P.  L.  382,  Sections  131  and 
132  (Imprisonment  for  Debt  2  and  3),  persons  who  are  guilty  of  em- 
bezzlement or  concealment  of  property,  or  whose  insolvency  was  caused 
by  gambling,  it  is  the  duty  of  the  court  to  commit  for  trial,  and  for  the 
first  two  offences  they  may  be  punished  by  seven  years'  separate  and 
solitary  confinement  at  labor,  and  for  the  third  offence  by  three  years' 
imprisonment. 


CHAPTER  IX. 
LABOR. 


PAGE 


1.  Child  Labor   ID2 

2.  Women's  Labor 104 

3.  General  Labor  Regulations 105 

4.  Convict  Labor 108 

5.  Apprentices    109 

1.    CHILD  LABOR. 

The  general  child  labor  law  of  Pennsylvania  is  the  Act  of  April  29, 
1909,  P.  L.  283,  which  superseded  and  replaced  most  prior  legislation  on 
this  subject.  It  was  amended  by  the  Acts  of  June  9,  191 1,  P.  L.  832, 
April  15,  1913,  P.  L.  69  and  July  19,  1913,  P.  L.  862.  The  matter  of 
child  labor  in  or  about  coal  mines  is  covered  by  a  separate  act  of  the  same 
year,  which  will  be  considered  after  the  general  act. 

The  general  act,  section  1,  provides  that  "no  minor  under  the  age 
of  eighteen  years,  except  as  hereinafter  provided,  shall  be  employed,  per- 
mitted, or  suffered  to  work  in,  about,  or  for  any  factory,  workshop, 
rolling-mill,  sawmill,  quarry,  laundry,  store ;  mercantile,  printing  or  bind- 
ing establishment ;  dock,  wharf ;  vessel  or  boat  engaged  in  lake  or  river 
navigation  or  commerce,  railroad,  in  the  erection  or  repair  of  electric 
wires,  business  office,  telegraph  office,  telephone  office,  stable,  garage, 
hotel,  restaurant,  bootblack  stand,  or  the  transmission  of  newspapers, 
messages,  or  merchandise." 

Section  2  provides  that  male  minors  over  18  may  be  employed  in 
any  legal  work;  but  none  under  18  shall  be  employed  "in  or  about  blast- 
furnaces, docks,  wharves,  in  quarries,  in  the  outside  erection  and  repair  of 
electric  wires ;  in  the  running  or  management  of  elevators,  lifts  or  hoist- 
ing machines ;  in  oiling  hazardous  and  dangerous  machinery,  in  motion ; 
at  switch-tending,  gate-tending,  track  repairing;  as  brakeman,  fireman, 
engineers,  motormen,  conductors,  upon  railroads ;  as  pilots,  firemen  or 
engineers  upon  boats  or  vessels  engaged  in  the  transportation  of  pas- 
sengers or  merchandise,  in  or  about  establishments  wherein  nitroglycerine, 
dynamite,  dualin,  gun-cotton,  gunpowder,  or  other  high  or  dangerous 
explosive  is  manufactured,  compounded  or  stored." 

Section  3  provides  that  minors  over  16  may  be  employed  in  the 
manufacture  of  white  lead,  red  lead,  paints,  phosphorus,  phosphorus 
matches,  poisonous  acids,  or  for  the  manufacture  or  stripping  of  tobacco 
or  cigars,  with  the  proviso  that  minors  between  14  and  16  may  also  be 
employed  when  it  is  proved  to  the  satisfaction  of  the  Chief  Factory 
Inspector  that  there  is  no  danger  or  menace  to  the  health  or  safety  of 
such  employees. 

(102) 


LABOR.  103 


Under  Section  4,  minors  over  14,  who  can  read  and  write  English, 
may  be  employed  ''in  or  for  mercantile  establishments,  stores ;  telegraph, 
telephone,  or  other  business  offices ;  hotels,  restaurants ;  or  in  any  factory, 
workshop,  rolling-mills,  or  other  establishment  having  proper  sanitation ; 
or  in  any  factory,  workshop,  rolling-mills,  or  other  establishment  having 
proper  sanitation  and  proper  ventilation,  and  in  which  power  machinery 
is  not  used,  or,  if  used,  that  the  same,  and  all  other  dangerous  appliances 
used,  are  kept  securely  and  properly  safeguarded. 

Section  5  provides  that  no  boy  under  16  and  no  girl  under  18  shall  be 
permitted  to  work  in  the  industries  named  in  sections  3  and  4  more  than 
10  hours  a  day,  "except  when  a  different  apportionment  of  the  hours  of 
labor  is  made  for  the  sole  purpose  of  making  a  shorter  work-day  for  one 
day  in  the  week."  There  must  be  at  least  45  minutes  allowed  for  lunch, 
and  the  hours  of  labor  shall  not  exceed  58  in  any  one  week.  No  such  boy 
or  girl  shall  be  employed  between  9  P.  M.  and  6  A.  M. 

Section  6,  which  is  known  as  the  "glass-house  exception,"  provides 
that  where  the  usual  process  of  manufacture,  or  the  nature  of  the  business 
named  in  section  four  of  this  act,  is  of  a  kind  that  customarily  necessitates 
a  continuous  day  and  night  employment,  male  minors  not  under  the  age 
of  fourteen  years  may  be  employed  day  or  night,  or  partly  by  day  and 
partly  by  night ;  but  said  employment  shall  not  exceed  nine  hours  during 
any  twenty-four  hours  for  minors  under  the  age  of  sixteen  years." 

Section  7  requires  the  employer  to  procure  and  keep  on  file  an  em- 
ployment certificate,  and  to  keep  two  complete  lists  of  all  minors  under  16, 
one  list  to  be  on  file  in  the  office  and  the  other  posted  in  the  departments 
where  minors  are  employed.  These  employment  certificates  belong  to  the 
minors  and  shall  be  returned  to  them  when  they  leave  the  employment. 

Section  8  provides  that  employment  certificates  shall  be  issued  by _  the 
school  authorities  in  the  various  school  districts.  Section  9  prescribes 
the  form  of  such  certificates,  and  section  10  makes  it  the  duty  of  the 
Superintendent  to  prepare  these  forms  and  have  them  printed  and  dis- 
tributed to  the  various  authorities  authorized  to  issue  them. 

Section  11  provides  a  penalty  for  violation  of  the  act  of  $10  to  $25 
for  a  first  offence,  or  10  days  in  jail,  and  for  a  second  offence  $50  and 
90  days'  imprisonment,  at  the  discretion  of  the  court.  This  act  is  now 
enforceable  by  the  Department  of  Labor  and  Industry. 

The  Act  of  May  1,  1909,  P.  L.  375,  as  amended  by  the  Act  of  June 
15,  191 1,  P.  L.  983,  applying  to  coal  mines,  provides  that  no  minor  under 
14  years  shall  be  employed  in  or  about  any  coal-breaker  or  washery,  or 
in  or  about  the  outside  workings  of  any  coal  mine,  and  that  no  minor 
under  16  years  shall  work  more  than  10  hours  a  day  except  to  make  a 
shorter  work-day  one  clay  a  week,  nor  more  than  58  hours  in  any  one 
week.  They  shall  be  allowed  at  least  45  minutes  for  their  noonday  meal 
and  shall  not  work  between  9  P.  M.  and  6  A.  M. 

No  minor  under  16  years  shall  be  employed  in  any  coal  mine. 

Whenever  a  minor  under  16  years  of  age  is  employed,  an  employ- 
ment certificate  must  be  procured  from  the  school  authorities,  and  when 
such  a  certificate  is  demanded  by  the  Department  of  Mines  for  any  minor 
claiming  to  be  over  16  years,  but  who  is  suspected  of  being  under  16 


104  SOCIAL    LAWS    OF    PENNSYLVANIA. 

years,   the   same   must   be   procured   within   30   days   or  the   employee 
discharged. 

Former  legislation  forbade  the  employment  of  girls  or  women  of 
any  age  in  or  about  coal  mines,  except  at  office  work.  See  Women's 
Labor. 

2.    WOMEN'S  LABOR. 

The  Act  of  July  25,  1913,  P.  L.  1024,  regulates  the  employment  of 
women  in  industries.  It  does  not  apply  to  work  in  private  homes  and 
farming,  and  other  statutes,  namely,  the  Act  of  June  30,  1885,  P.  L.  202, 
and  the  Act  of  May  13,  1903,  P.  L.  359  (Labor  Regulations  1  and  2), 
forbid  the  employment  of  girls  or  women  of  any  age  in  or  about  coal 
mines,  except  in  clerical  positions. 

The  Act  of  191 3  forbids  the  employment  of  any  woman  "for  more 
than  six  days  in  any  one  week,  or  more  than  fifty-four  hours  in  any  one 
week,  or  more  than  ten  hours  in  any  one  day."  There  are,  however, 
several  exceptions  to  these  requirements,  as  follows: 

( 1 )  When  any  week  contains  a  legal  holiday,  female  employees  may 
be  required  to  work  overtime  on  three  days  of  the  week,  but  not  more  than 
two  hours  overtime  on  any  one  of  the  three  days,  nor  a  total  of  more 
than  54  hours  in  the  whole  week. 

(2)  When  time  is  lost  on  account  of  alterations,  repairs  or  accidents, 
such  time  may  be  made  up  by  working  overtime  two  hours  a  day,  but  the 
total  of  fifty-four  hours  must  not  be  exceeded. 

(3)  The  restrictions  as  to  hours  do  not  apply  "to  females  engaged  in 
the  canning  of  fruit  and  vegetable  products." 

(4)  None  of  the  restrictions  above  mentioned  apply  to  the  work  of 
nurses  in  hospitals. 

Section  4  forbids  the  employment  of  any  female  "in  any  manu- 
facturing establishment"  before  6  A.  M.  or  after  10  P.  M.,  but  this  does 
not  apply  to  managers,  superintendents,  or  persons  doing  clerical  or 
stenographic  work. 

Section  5  forbids  the  employment  of  girls  under  twenty-one  in  any 
establishment  before  6  A.  M.  or  after  9  P.  M.,  except  that  this  section 
does  not  apply  to  girls  over  eighteen  employed  as  telephone  operators. 

Section  6  fixes  the  mid-day  meal  period  at  not  less  than  forty-five 
minutes,  except  when  the  hours  of  labor  are  less  than  eight  a  day, 
it  may  be  reduced  to  thirty  minutes.  Employees  shall  not  be  required  to 
remain  in  the  work-rooms  during  the  time  allowed  for  meals. 

Section  7  forbids  more  than  six  hours'  continuous  work  without  a 
rest  period  of  at  least  forty-five  minutes,  which  may  be  reduced  to  thirty 
minutes  if  the  work  day  is  reduced  to  less  than  eight  hours. 

Section  8  requires  employers  to  furnish  suitable  seats  and  permit 
their  reasonable  use  during  work  hours,  not  fewer  than  one  seat  for 
every  three  females  to  be  furnished. 

Section  nine  requires  employers  to  provide  suitable  wash  rooms  and 
water-closets,  at  least  one  for  every  twenty-five  persons.  Those  for  men 
shall  be  separate  from  those  for  women,  and  they  shall  be  suitably 
separated  from  the  work-rooms,  as  well  as  suitably  screened  and  ven- 


LABOR.  105 

tilated  and  kept  "clean,  sanitary,  and  free  from  all  obscene  writing  or 
marking." 

Section  10  requires  establishments  "where  white  lead,  arsenic  or 
other  poisonous  substances,  or  injurious  fumes,  dust  or  gases  shall  be 
present"  to  provide  a  suitable  room  for  female  employees  free  from  such 
substances,  and  not  permit  female  employees  to  remain  where  such  sub- 
stances are  during  meal  periods.  Where  such  substances  exist,  section 
11  requires  the  use  of  hoods  and  pipes  connected  with  exhaust  fans,  kept 
constantly  running  while  such  substances  are  being  generated. 

Section  12  requires  employers  to  furnish  clean  and  pure  drinking 
water,  and  forbids  the  collection  from  female  employees  of  any  money 
for  ice  for  said  drinking  water. 

Section  13  requires  the  posting  in  a  conspicuous  place  in  the  work- 
room where  females  are  employed  of  a  printed  abstract  of  this  act  and 
a  schedule  of  the  hours  of  labor  for  each  employee  by  name.  The  printed 
abstract  shall  be  prepared  by  the  Commissioner  of  Labor  and  Industry 
and  printed  by  the  Superintendent  of  Printing  and  Binding. 

The  remainder  of  the  act  relates  to  its  enforcement  by  the  Depart- 
ment of  Labor  and  Industry,  by  visiting,  inspection  and  prosecution. 
When  required,  satisfactory  evidence  of  the  age  of  any  employee  sus- 
pected of  being  under  twenty-one  shall  be  furnished  within  ten  days,  or 
the  employee  discharged.  Where  a  regular  employment  certificate  under 
the  child  labor  law  is  furnished,  the  employer  is  not  liable  to  prosecution 
for  infringement  of  the  age  provisions  of  this  act  if  that  certificate  is 
untrue  in  fact. 

3.  GENERAL  LABOR  REGULATIONS. 

The  principal  statute  on  the  subject  of  general  labor  regulations  is 
the  Act  of  May  2,  1905,  P.  L.  352  (Labor  Regulations  15  to  36).  The 
provisions  of  that  statute  are  herewith  given  as  concisely  as  possible  as 
follows : 

Where  there  are  both  male  and  female  employees,  suitable  and 
proper  wash  and  dressing  rooms  and  water-closets  shall  be  provided, 
and  those  for  males  shall  be  separate  from  those  for  females,  and  both 
shall  be  screened,  ventilated  and  sanitary. 

One  hour  shall  be  allowed  at  noon,  but  this  may  be  reduced  "for 
good  cause"  by  the  factory  inspector. 

Factory  laws  shall  be  posted  in  every  room,  and  a  notice  stating  "the 
number  of  hours  per  day  for  each  day  of  the  week"  required  of  employees, 
shall  also  be  posted. 

Machinery  shall  be  safe-guarded,  and  the  chief  factory  inspector  may 
prohibit  its  use  until  this  is  done. 

Elevators  shall  be  safe-guarded ;  this  matter  is  under  the  additional 
control  of  the  various  cities  under  the  Act  of  May  28,  1907,  P.  L.  297 
(Elevators  3  to  6). 

There  shall  be  at  least  250  cubic  feet  of  air-space  for  each  employee ; 
and  all  work-rooms,  halls  and  stairways  shall  be  kept  clean,  sanitary  and 
properly  lighted. 


106  SOCIAL    LAWS    OF    PENNSYLVANIA. 

Manufacturers  of  wearing  apparel,  cigars  and  cigarettes  shall  not 
have  the  work  performed  in  rooms  where  persons  live  (sweatshops), 
except  by  "resident  members  of  the  family,"  which  includes  only  parents 
and  their  children.  A  certificate  from  the  board  of  health  of  the  city  or 
town  that  the  house  is  free  from  any  infectious  or  contagious  disease 
must  be  furnished  by  the  family.  Such  house  or  workshop  shall  be  in- 
spected by  the  factory  inspector,  and  if  the  same  is  found  in  a  clean,  safe 
and  sanitary  condition,  he  shall  issue  a  permit  fixing  the  number  of  per- 
sons who  may  be  there  employed,  which  permit  shall  be  kept  posted. 
Clothing  made  in  unhealthy  or  unsanitary  places,  or  where  there  are 
contagious  or  infectious  diseases,  may  be  condemned  and  destroyed  by  the 
factory  inspector. 

Bakeries,  shall  be  separate  from  any  sleeping-room,  water-closet, 
urinal,  defective  drain  or  sewer  pipe,  and  no  domestic  animal  shall  be 
harbored  therein.  The  floors  shall  be  kept  clean  and  tightly  joined  and 
free  from  crevices,  and  the  walls  and  ceilings  shall  be  painted,  kalsomined 
or  whitewashed  at  least  twice  a  year.  When  these  rules  are  complied 
with,  a  permit  shall  be  issued,  and  be  kept  posted ;  when  not  complied 
with,  notice  shall  be  given,  and  the  bakery  may  be  closed. 

Boilers  shall  be  inspected  at  east  once  a  year,  but  this  matter  is 
frequently  covered  by  local  ordinance,  in  which  case  the  general  act  does 
not  apply. 

Accidents  must  be  reported  to  the  factory  inspector  within  24  hours, 
and  the  latter  may  make  a  thorough  and  complete  investigation  of  the 
same. 

When  the  Act  of  1905  is  violated,  the  alderman,  justice  of  the  peace 
or  committing  magistrate  shall,  if  the  evidence  warrants  it,  impose  a  fine 
of  not  less  than  $25  nor  more  than  $500,  or  an  imprisonment  of  not  less 
than  ten  days  nor  more  than  sixty  days  for  each  offence.  But  the  defend- 
ant may  appeal  to  the  court  of  quarter  sessions  by  entering  bail. 

The  Act  of  May  11,  1893,  P.  L.  41  (Labor  Regulations  37,  38), 
requires  the  persons  constructing  a  building  to  cover  the  joists  or  girders 
with  boards  as  the  work  progresses,  to  prevent  workmen  above  from 
falling  through  and  workmen  below  from  being  hit  by  falling  objects. 
Penalty,  $100  fine  for  each  floor  left  uncovered. 

By  the  Act  of  April  11,  1903,  P.  L.  166  (Labor  Regulations  45,  46), 
athletic  contests  or  exhibitions  are  limited  to  twelve  hours  a  day. 

The  Act  of  June  9,  191 1,  P.  L.  746,  makes  it  a  misdemeanor  for 
"any  officer  or  employee  of  any  employer  of  labor"  to  solicit,  demand  or 
receive,  directly  or  indirectly,  money  or  other  valuable  thing  for  the  pur- 
pose of  getting  another  employment  with  the  same  employer  or  contin- 
uing him  in  such  employment.  Penalty,  fine  of  $50  to  $300,  and  imprison- 
ment for  three  months  to  one  year,  either  or  both. 

The  Act  of  June  7,  191 1,  P.  L.  673,  as  amended  by  Act  of  April  4, 
1913,  P.  L.  42,  requires  owners  of  foundries  employing  more  than  ten 
men  to  maintain  a  toilet  room  of  suitable  size  in  which  employees  may 
change  their  clothes,  the  act  to  be  enforced  by  the  factory  inspector. 


LABOR.  107 

The  Act  of  April  24,  1913,  P.  L.  114,  requires  employers  to  pay 
wages  semi-monthly,  or  oftener,  one  payment  to  be  before  the  15th  of  the 
month,  and  the  other  after  the  15th.    Penalty,  $100  fine. 

The  Act  of  July  26,  1913,  P.  L.  1363,  is  a  very  elaborate  act  for  the 
protection  of  those  engaged  in  the  manufacture  of  white  lead,  red  lead, 
litharge,  sugar  of  lead,  arsenate  of  lead,  lead  chromate,  lead  sulphate,  lead 
nitrate  or  fluo-silicate.  The  details  of  the  protective  devices  and  other 
sanitary  and  health  arrangements  required  are  therein  minutely  set  forth, 
and  the  enforcement  of  the  act  is  placed  in  the  hands  of  the  Department 
of  Labor  and  Industry. 

The  Act  of  June  2,  1913,  P.  L.  396,  establishes  a  Department  of 
Labor  and  Industry  in  the  State  government.  Under  this  act  all  state 
factory  and  medical  inspection  is  organized  under  a  Bureau  of  the 
Department. 

There  is  created  under  the  Department  a  Bureau  of  Statistics  and 
Information  "to  keep  in  touch  with  labor  in  the  commonwealth,  especially 
in  relation  to  commercial,  industrial,  physical,  educational,  social,  moral, 
and  sanitary  conditions  of  wage-earners  of  the  commonwealth,  and  to 
the  productive  industries  thereof;  also,  to  collect,  assort,  publish  and 
systematize  the  details  and  general  information  regarding  industrial 
accidents  and  occupational  diseases,  their  causes  and  effects,  and  the 
methods  of  preventing  and  remedying  the  same,  and  of  providing  com- 
pensation therefor ;  also  to  make  inquiry  and  investigation  into  the  con- 
dition, welfare  and  industrial  opportunities  of  all  aliens  arriving  and  being 
within  the  State,  and  to  gather  information  with  respect  to  the  supply  of 
labor  afforded  by  such  aliens,  and  ascertain  the  occupations  for  which 
such  aliens  may  be  best  adapted,  and  to  bring  about  communication 
between  the  aliens  and  the  several  industries  requiring  labor;  and  to 
collect,  assort,  and  publish  statistical  details  and  general  information 
relative  thereto." 

There  is  also  created  in  the  same  Department  an  "Industrial  Board" 
of  five  members,  consisting  of  (1)  the  Commissioner  of  Labor  and 
Industry,  (2)  an  employer  of  labor,  (3)  a  wage-earner,  (4)  a  woman, 
and  (5)  some  other  person.  "The  Industrial  Board  shall  have  the  power 
to  make  investigations  concerning,  and  report  upon,  all  matters  touching 
the  enforcement  and  effect  of  the  provisions  of  all  laws  of  the  common- 
wealth, the  enforcement  of  which  shall  now  and  hereafter  be  imposed 
upon  the  Department  of  Labor  and  Industry,  and  the  rules  and  regulations 
made  by  the  Industrial  Board  in  connection  therewith." 

Section  14  of  the  act  is  as  follows :  "All  rooms,  buildings  and  places 
in  this  commonwealth  where  labor  is  employed,  or  shall  hereafter  be 
employed,  shall  be  so  constructed,  equipped,  and  arranged,  operated  and 
conducted,  in  all  respects,  as  to  provide  reasonable  and  adequate  protec- 
tion for  the  life,  health,  safety,  and  morals  of  all  persons  employed 
therein.  For  the  carrying  into  effect  of  this  provision,  and  the  provisions 
of  all  the  laws  of  this  commonwealth,  the  enforcement  of  which  is  now 
or  shall  hereafter  be  entrusted  to  or  imposed  upon  the  Commissioner  or 
Department  of  Labor  and  Industry,  the  Industrial  Board  shall  have  power 


io8  SOCIAL    LAWS    OF    PENNSYLVANIA. 

to  make,  alter,  amend,  and  repeal  general  rules  and  regulations  necessary 
for  applying  such  provisions  to  specific  conditions,  and  to  prescribe  means, 
methods,  and  practices  to  carry  into  effect  and  enforce  such  provisions." 

It  is  also  provided  that  hearings  on  the  reasonableness  of  a  rule  or 
regulation  may  be  asked  for  and  held ;  and  violation  of  the  act  or  of  the 
rules  and  regulations  is  made  a  misdemeanor  punishable  by  fine  of  $100 
or  one  month's  imprisonment,  or  both. 

The  act  also  contains  a  section  creating  a  Bureau  of  Mediation  and 
Arbitration,  with  a  chief  whose  duty  it  is  to  proceed  to  any  locality  where 
a  difference  arises  between  employers  and  employees  and  try  to  make  a 
settlement  amicably.  If  unsuccessful,  a  method  of  arbitration  is  provided 
by  the  act. 

4.    CONVICT  LABOR. 

The  Act  of  June  13,  1883,  P.  L.  112  (Jails  and  Penitentiaries  117  to 
120),  did  away  with  "contract  labor"  in  Pennsylvania,  and  provided  that 
convict  labor  be  employed  by  the  officers  in  charge  "for  and  in  behalf  of" 
the  state  or  the  respective  counties,  as  the  case  may  be ;  and  the  act  fur- 
ther provided  that  all  convicts  "shall  receive  quarterly  wages  equal  to  the 
amount  of  their  earnings,  to  be  fixed  from  time  to  time  by  the  authorities 
of  the  institution,  from  which  board,  lodging  and  clothing,  and  the  cost 
of  trial  shall  be  deducted,  and  the  balance  paid  to  their  families  or  de- 
pendents ;  in  case  none  such  appear,  the  amount  shall  be  paid  to  the  con- 
vict at  the  expiration  of  the  term  of  imprisonment." 

By  the  Act  of  April  28,  1899,  P-  L*  I22  (Jails  ar>d  Penitentiaries,  121 
and  122),  only  five  per  cent,  of  the  whole  number  of  convicts  in  any  in- 
stitution may  be  employed  in  the  manufacture  of  brooms  and  brushes 
and  hollowware  twenty  per  cent,  in  the  manufacture  of  mats  and  mat- 
ting and  ten  per  cent,  in  the  manufacture  of  any  kind  of  goods  which  are 
manufactured  elsewhere  in  the  state.  The  Act  of  June  18,  1897,  P.  L. 
170  (Jails  and  Penitentiaries  124  to  126),  permits  no  power  machinery 
to  be  used,  and  allows  only  the  use  of  hand  or  foot  power  in  the  manu- 
facture of  goods  made  elsewhere  in  the  state. 

The  Act  of  April  28,  1899,  P-  *-..  89,  provides  for  the  use  of  convict 
labor  in  road  making,  but  limits  the  number  so  employed  to  ten  per  cent, 
of  the  total  number,  unless  the  managers  or  officers  of  the  institution 
authorize  the  employment  of  a  greater  number.  As  originally  passed, 
this  act  also  regulated  labor  inside  of  prisons  and  provided  that  all  money 
received  for  such  labor  should  be  credited  on  the  maintenance  account ; 
but  this  act  was  extensively  amended  by  the  Act  of  May  25,  1907,  P.  L. 
247  (Jails  and  Penitentiaries  123,  127  to  134),  which  provided  that  it 
should  not  affect  or  change  the  method  or  manner  of  employment  of  pris- 
oners within  said  prisons,  or  the  control  thereof. 

It  therefore  appears  that  probably  the  above  mentioned  Act  of  1883 
is  still  the  law  and  the  families  or  dependents  of  prisoners  may  receive 
their  wages. 

The  Act  of  June  20,  1883,  P.  L.  125  (Jails  and  Penitentiaries  135 
to  138),  requires  all  convict-made  goods  to  be  branded  as  such,  and  for- 
bids dealing  in  the  same  unless  branded. 


LABOR.  109 

5.    APPRENTICES. 

By  the  Act  of  March  27,  1713,  1  Sm.  L.  81  (Apprentices  1  and  2), 
minors  may  be  bound  out  as  apprentices  at  the  request  of  executors, 
administrators,  guardians  or  tutors,  by  order  of  the  Orphans'  Court,  but 
only  to  persons  of  the  same  religious  persuasion,  and  of  good  repute, 
and  with  the  consent  of  the  minor  himself,  in  so  far  as  he  has  discretion 

to  decide. 

By  the  Act  of  June  13,  1836,  P.  L.  539  (Apprentices  3),  the  over- 
seers of  the  poor,  with  the  consent  of  two  magistrates,  may  put  out  as 
apprentices  all  poor  children  whose  parents  are  dead  or  are  found  to  be 
unable  to  support  them. 

Whenever  the  poor  authorities  could  bind  out,  the  Act  of  May  23, 
1887,  P.  L.  168  (Apprentices  5),  gives  the  same  power  to  bind  out  to  the 
mother,  guardian  or  next  friend  of  the  orphan. 

Under  the  Act  of  May  25,  1878,  P.  L.  152  (Apprentices  4),. the 
overseers  of  the  poor  may  bind  out  minors  in  their  care  to  corporations 
organized  for  the  purpose  of  providing  homes  for  friendless  or  destitute 
persons  or  children;  and  such  corporations  may  bind  out  and  provide 
suitable  homes  for  all  children  committed  to  their  charge  when  main- 
tenance is  unprovided  for  by  their  parents  or  guardians. 

Under  the  Act  of  April  13,  1899,  P.  L.  46  (Juveniles  120  and  121), 
a  charitable  institution  which  has  furnished  support,  in  whole  or  in  part, 
for  one  year  or  more,  to  any  minor,  may  petition  the  court  for  an  order 
permitting  them  to  indenture  said  minor  during  minority  to  any  suitable 
person.  Upon  proper  notice  such  order  may  be  granted.  The  indenture 
thus  made  shall  vest  in  the  person  to  whom  it  is  made  the  sole  and 
absolute  right  to  the  care,  control,  custody  and  services  of  said  minor  as 
against  the  parents,  guardian  or  next  friend  who  was  notified  of  the 
petition ;  but  the  right  reserved  to  the  charitable  institution  in  the  in- 
denture so  made  shall  not  be  prejudiced  or  in  any  way  interfered  with. 

Under  the  Act  of  May  12,  1857,  P.  L.  454  (Juveniles  107),  houses 
of  refuge  in  Philadelphia  and  Allegheny  Counties  may  indenture  white 
inmates  outside  the  state,  after  receiving  the  consent  of  such  minors. 

Under  the  Act  of  June  4,  1879,  P.  L.  84  (Juveniles  108),  houses  of 
refuge  and  reform  schools  may,  after  complaint  filed  in  the  court  of 
quarter  sessions  that  agreements  made  by  the  master  have  been  violated, 
or  that  the  minor  has  been  neglected  or  improperly  treated,  reclaim  such 
wards  and  apprentices. 


CHAPTER  X. 
MARRIAGE,  DIVORCE  AND  MARRIED  WOMEN. 

PAGE 

1.  Marriage  no 

2.  Degrees  of  Consanguinity in 

3.  Divorce    in 

4.  Married  Women   113 

1.    MARRIAGE. 

The  Act  of  June  18,  1895,  P.  L.  202  (Marriage  14),  provides  that 
no  person  shall  be  "joined  in  marriage"  without  a  license  issued  by  the 
Clerk  of  the  Orphans'  Court  of  the  county  in  which  one  of  the  parties 
resides,  or  where  the  marriage  is  performed ;  but  this  does  not  render 
common  law  marriages  invalid.  12  P.  &  L.  Dig.  Dec.  19,  613  &  19,  655 
et  seq.  A  common  law  marriage  exists  when  persons  capable  of  marry- 
ing, that  is,  when  no  legal  impediment,  such  as  a  prior  existing  marriage, 
exists,  actually  live  together  as  husband  and  wife  and  hold  themselves 
out  as  such.  If,  however,  a  man  and  woman  live  together  when  one  or 
the  other  is  legally  incapable  it  is  not  a  marriage,  and  the  later  removal 
of  the  impediment  does  not  make  the  relation  legal  until  a  legal  ceremony 
has  been  performed,  or  there  has  been  a  separation  and  then  a  resump- 
tion of  the  relation. 

The  Act  of  March  24,  1905,  P.  L.  58  (Marriage  17),  provides  that 
both  parties,  either  separately  or  together,  must  apply  to  the  Clerk  of  the 
Orphans'  Court  for  a  license,  and  if  either  is  under  21  "the  consent  of 
their  parents  or  guardians  shall  be  personally  given  before  such  clerk,  or 
certified  under  the  hand  of  such  parent  or  guardian,  attested  by  two  adult 
witnesses,  and  the  signature  of  such  parent  or  guardian  shall  be  properly 
acknowledged  before  a  notary  public  or  other  officer  competent  under  the 
laws  to  receive  acknowledgments."  As  this  law  is  applied,  a  mother  of 
a  minor  cannot  give  consent  in  the  absence  of  the  father  until  she  has 
been  appointed  guardian  of  the  person  by  the  Orphans'  Court.  Upon 
application,  the  court  may  in  its  discretion  appoint  any  person  as  guardian 
of  the  person. 

The  issuance  of  licenses  is  regulated  by  the  Act  of  July  24,  1913,  P. 
L.  1013,  which  requires  that  the  sworn  application  contain,  in  addition  to 
the  name,  age,  residence,  etc.,  of  the  parties,  the  statement  "that  neither 
of  the  contracting  parties  is  afflicted  with  a  transmissible  disease."  It  is 
also  provided  that  no  license  shall  be  issued  "where  either  of  the  contract- 
ing parties  is  an  imbecile,  epileptic,  of  unsound  mind,  or  under  guardian- 
ship as  a  person  of  unsound  mind ;  nor  to  any  male  person  who  is  or  has 
been,  within  five  years,  an  inmate  of  any  county  asylum  or  home  for 
indigent  persons,  unless  it  satisfactorily  appears  that  the  cause  of  such 

(no) 


MARRIAGE,  DIVORCE  AND  MARRIED  WOMEN.  in 

condition  has  been  removed,  and  that  such  male  applicant  is  physically- 
able  to  support  a  family ;  or  if,  at  the  time  of  making  application,  either 
of  the  contracting  parties  is  under  the  influence  of  an  intoxicating  liquor 
or  narcotic  drug." 

When  the  right  to  a  license  is  not  made  to  appear,  it  is  the  duty  of  the 
Clerk  to  refuse  it,  and  to  certify  the  proceeding  to  the  Orphans'  Court, 
where  the  matter  is  to  be  heard  and  decided  "at  the  earliest  practicable 
time." 

The  Act  of  May  8,  1854,  P.  L.  663  (Marriage  13),  makes  it  a  mis- 
demeanor, punishable  by  a  fine  of  $50  and  60  days'  imprisonment  for  any 
judge,  justice  or  clergyman  to  perform  a  marriage  when  either  party  is 
intoxicated. 

By  the  Act  of  May  14,  1857,  P.  L.  507  (Marriage  11),  an  illegitimate 
child  is  legitimated  by  the  lawful  marriage  and  cohabitation  of  its  parents. 

2.     DEGREES  OF  CONSANGUINITY. 

The  Act  of  March  31,  i860,  P.  L.  382,  sec.  39  (Crimes  191),  under 
a  penalty  of  not  more  than  $500  fine  and  not  more  than  three  years' 
separate  or  solitary  confinement  at  labor,  forbids  the  incestuous  fornica- 
tion or  adultery  or  intermarriage  of  persons  within  the  degrees  of  con- 
sanguinity or  affinity,  as  follows : 

A  man  may  not  marry  his  (1)  mother,  (2)  father's  sister,  (3) 
mother's  sister,  (4)  sister,  (5)  daughter,  (6)  daughter  of  his  son  or 
daughter,  (7)  father's  wife,  (8)  son's  wife,  (9)  son's  daughter,  (10) 
wife's  daughter,  or  (11)  the  daughter  of  his  wife's  son  or  daughter. 

A  woman  may  not  marry  her  (1)  father,  (2)  father's  brother,  (3) 
mother's  brother,  (4)  brother,  (5)  son,  (6)  son  of  her  son  or  daughter, 
(7)  mother's  husband,  (8)  daughter's  husband,  (9)  husband's  son,  or 
(10)  the  son  of  her  husband's- son  or  daughter. 

Even  if  marriages  within  certain  of  these  degrees  are  valid  in  other 
countries,  still  they  will  not  be  recognized  when  the  parties  come  here. 
U.  S.  v.  Navigation  Co.,   10  D.  R.  480;  U.  S.  v.  Rodgers,   109  Fed. 

Rep.  886. 

Where  such  marriage  takes  place,  however,  and  is  not  dissolved  in 
the  lifetime  of  both  parties,  it  cannot  be  questioned  thereafter.  Parker's 
Appeal,  44  Pa.  310;  Walter's  Appeal,  70  Pa.  392. 

By  the  Act  of  June  24,  1901,  P.  L.  597  (Marriage  8  to  10),  the 
marriage  of  first  cousins  is  made  unlawful  and  void  after  January  1,  1902. 

3.    DIVORCE. 

There  can  be  absolute  divorce,  known  as  divorce  from  the  bonds  of 
matrimony,  for  the  following  causes : 

( 1 )  When  either  party,  at  the  time  of  the  contract,  was  and  still  is 
naturally  impotent  or  incapable  of  procreation. 

(2)  When  he  or  she  hath  knowingly  entered  into  a  second  marriage 
in  violation  of  the  previous  vow  he  or  she  made  to  the  former  wife  or 
husband,  whose  marriage  is  still  subsisting. 

(3)  When  either  party  shall  have  committed  adultery. 


U2  SOCIAL    LAWS    OF    PENNSYLVANIA. 

(4)  Or  wilful  and  malicious  desertion  and  absence  from  the  habita- 
tion of  the  other,  without  a  reasonable  cause,  for  and  during  the  term 
and  space  qf  two  years. 

(5)  When  any  husband  shall  have,  by  cruel  and  barbarous  treatment, 
endangered  his  wife's  life. 

(6)  Or  offered  such  indignities  to  her  person  as  to  render  her  con- 
dition intolerable  and  life  burdensome,  and  thereby  force  her  to  with- 
draw from  his  house  and  family. 

(7)  In  the  case  of  marriages  within  the  degree  of  consanguinity  or 
affinity,  according  to  the  table  established  by  law. 

(8)  When  any  husband  or  wife,  upon  any  false  rumor,  in  appear- 
ance well  founded,  of  the  death  of  the  other  (when  such  other  has  been 
absent  for  the  space  of  two  whole  years)  hath  married,  or  shall  marry 
again,  it  shall  be  in  the  election  of  the  party  remaining  unmarried,  at  his 
or  her  return,  to  insist  to  have  his  or  her  former  wife  or  husband 
restored,  or  to  have  his  or  her  own  marriage  dissolved,  and  the  other 
party  to  remain  with  the  second  husband  or  wife. 

(9)  Where  an  alleged  marriage  was  procured  by  fraud,  force  or 
coercion,  and  has  not  been  subsequently  confirmed  by  the  acts  of  the 
injured  party. 

(10)  Where  a  wife  shall  have,  by  cruel  and  barbarous  treatment,  or 
indignities  to  his  person,  rendered  the  condition  of  her  husband  intoler- 
able, or  life  burdensome. 

(11)  When  either  of  the  parties  shall  have  been,  either  within  or 
without  this  state,  convicted  as  principal,  or  as  accessory  either  before  or 
after  the  fact,  of  the  crime  of  arson,  burglary,  embezzlement,  forgery, 
kidnapping,  larceny,  murder,  either  in  the  first  or  second  degrees,  assault 
with  intent  to  kill,  voluntary  manslaughter,  perjury,  rape,  robbery, 
sodomy,  buggery,  treason,  or  misprision  of  treason,  and  be  sentenced  by 
a  competent  court,  having  jurisdiction,  to  imprisonment  for  any  term 
exceeding  two  years ;  Provided,  That  such  application  for  a  divorce  be 
made  by  the  husband  or  wife  of  the  party  so  convicted  and  sentenced. 

A  legal  separation,  known  as  a  divorce  from  bed  and  board,  can  be 
decreed  for  many  of  the  above  causes ;  but  as  a  divorce  from  bed  and 
board  does  not  permit  the  remarriage  of  either  party,  it  is  infrequently 
resorted  to.  Its  only  usefulness  is  alimony,  which  does  not  ordinarily 
accompany  a  divorce  from  the  bonds  of  matrimony  (there  being  two  or 
three  unimportant  exceptions),  but  generally  forms  the  only  reason  for 
a  divorce  from  bed  and  board.  As  support  can  now  be  obtained  with 
more  certainty  in  other  ways,  the  action  of  divorce  from  bed  and  board 
is  being  used  less  and  less. 

In  addition  to  the  above,  there  is  a  statute  (Act  of  April  18,  1905,  P. 
L.  211)  which  was  possibly  intended  to  make  hopeless  insanity  a  ground 
for  divorce.  If  such  was  the  intention,  the  act  did  not  clearly  so  state, 
and  the  Superior  Court  held,  in  the  case  of  Baughman  v.  Baughman,  34 
Pa.  Super.  Ct.  271,  that  while  a  divorce  on  other  grounds  may  be  obtained 
by  or  from  a  lunatic,  still  hopeless  lunacy  is  not  in  itself  a  ground  of 
divorce. 


MARRIAGE,  DIVORCE  AND  MARRIED  WOMEN.  113 

4.    MARRIED  WOMEN. 

The  former  legal  disabilities  of  married  women  have  been  almost 
wholly  removed  in  Pennsylvania,  so  that  married  women  now  have  prac- 
tically all  the  rights  of  unmarried  women  under  the  law,  as  well  as  certain 
additional  rights  and  advantages.  Aside  from  political  rights,  unmarried 
women  have  the  same  rights  as  men.  Married  women  therefore  seem  to 
be  a  favored  class  under  the  law.  Only  in  real  estate  law  does  any  of 
the  old  disability  still  persist.  When  a  married  woman  owns  real  estate, 
she  cannot  transfer  it  to  another  person  without  the  joinder  of  her 
husband  (unless  she  is  a  feme  sole  trader,  as  explained  later).  A  man 
can  give  a  valid  deed  without  his  wife  joining,  but  as  such  deed  does 
not  bar  her  dower  rights,  the  difference  is  more  apparent  than  real.  In 
like  manner  a  married  woman  cannot  mortgage  her  property  without  her 
husband  joining,  while  a  man  may  give  a  valid  mortgage  upon  his  prop- 
erty without  his  wife  joining.  This  fact  is  frequently  used  to  cheat 
wives,  but  the  remedy  is  not  as  simple  as  it  may  appear,  because  a  judg- 
ment note  would  accomplish  the  same  end,  and  it  would  interfere  greatly 
with  business  transactions  if  the  law  required  every  note  given  by  one 
spouse  to  be  signed  by  the  other  before  becoming  collectible  out  of  the 
real  estate  of  the  real  debtor.  Married  women  can  give  a  note  which  is 
valid  in  the  same  way  as  a  man's  note. 

In  the  matter  of  dower  and  curtesy,  the  woman  is  also  at  an  apparent 
disadvantage.  Curtesy  is  a  life  interest  by  the  husband  in  all  of  his 
deceased  wife's  real  estate.  Dower  is  a  life  interest  by  the  wife  in  one- 
third  of  her  deceased  husband's  real  estate.  However,  under  the  Act  of 
May  4,  1855,  P.  L.  430.  <§,  5  (Married  Women  26),  a  husband  who  deserts 
or  fails  to  support  his  wife  for  one  year  or  upwards  before  her  death 
loses  all  his  rights  to  curtesy  or  under  the  intestate  laws  to  any  rights  in 
her  real  or  personal  estate  after  her  death.  There  is  no  law  by  which 
the  wife  loses  her  dower  rights  in  her  husband's  property  unless  he 
obtains  a  divorce  from  her  before  he  dies. 

In  most  of  the  remaining  points  of  difference  in. the  law  between 
married  women  and  men,  the  advantage  seems  to  lie  with  the  married 
women.  No  claim  of  completeness  is  made,  but  note  is  here  made  of 
some  of  the  main  points  of  difference,  as  follows : 

(1)  A  married  woman  has  the  right  under  numerous  laws  (see 
Desertion)  to  obtain  support  from  her  husband.  The  husband  has  no  such 
rights  against  her,  except  that  under  one  law  the  Poor  Authorities  can 
compel  a  wife  to  use  her  separate  property  to  prevent  her  husband 
becoming  a  charge  upon  the  district,  a  law  which  is  seldom  evoked. 

(2)  A  married  woman  who  buys  "necessaries"  for  herself  and  her 
family  can  be  sued  jointly  with  her  husband  under  the  Act  of  April  11, 
1848.  P.  L.  536.  ^  8  (Married  Women  37),  but  execution  must  first  issue 
against  the  husband's  property  and  can  only  issue  against  her  property  if 
the  sheriff  returns  that  no  property  belonging  to  her  husband  was  found. 

(3)  Under  the  Act  of  June  8,  1893,  P.  L.  344  (Married  Women  2), 
a  married   woman   "may  not  become  accommodation   indorser,   maker, 


U4  SOCIAL    LAWS    OF    PENNSYLVANIA. 

guarantor  or  surety  for  another."    She  cannot  therefore,  sign  a  bail  bond 
or  any  other  surety  bond  whatever. 

(4)  When  a  man  delivers  money  to  his  wife,  the  law  presumes  it  to 
be  a  gift  unless  the  fact  is  shown  to  be  otherwise,  and  he  cannot  sue  her 
for  it.  When  a  woman  delivers  money  to  her  husband,  the  law  presumes 
it  to  be  a  loan  unless  the  fact  is  shown  to  be  otherwise.  She  may  sue 
him  to  recover  such  loan  under  the  Act  of  June  8,  1893,  P.  L.  344,  as 
amended  by  the  Act  of  March  2j,  1913,  P.  L.  14,  giving  husband  and 
wife  the  right  to  sue  the  other  for  the  purpose  of  protecting  and  recover- 
ing the  separate  property  of  either. 

(5)  Although  a  married  woman  cannot  convey  her  real  estate  with- 
out her  husband  joining  in  the  deed,  still,  under  the  Act  of  June  3,  191 1, 
P.  L.  631,  she  may  convey  direct  to  her  husband  as  if  she  were  unmarried. 

(6)  A  wife  deserted  by  her  husband  may,  under  the  Act  of  May  1, 
1913,  P.  L.  146,  bring  any  civil  suit  whatever  against  him,  in  any  court 
having  jurisdiction.     A  husband  has  no  such  rights  against  his  wife. 

(7)  Under  the  Act  of  April  3,  1872,  P.  L.  35  (Married  Women  7 
and  8),  a  married  woman  is  entitled  to  her  separate  earnings,  free  of 
her  husband  and  his  creditors;  but  in  order  to  take  advantage  of  this  act 
she  must  present  her  petition  to  the  court  of  common  pleas  stating  her 
intention  to  claim  the  benefit  of  the  act.  This  petition  is  then  recorded 
in  the  Recorder's  Office,  and  is  conclusive  evidence  of  her  right  to  the 
benefit  of  the  act. 

(8)  Under  the  Act  of  May  4,  1855,  P.  L.  430  (Married  Women  14 
and  15),  a  married  woman  may  be  declared  by  the  court  to  be  a  feme  sole 
trader  whenever  her  husband,  "from  drunkenness,  profligacy  or  other 
cause"  shall  neglect  or  refuse  to  provide  for  her,  or  shall  desert  her.  A 
feme  sole  trader  may  mortgage  and  convey  her  real  estate  without  her 
husband's  joining,  and  her  husband's  rights  are  entirely  barred,  he  not 
even  having  an  interest  in  her  property  after  her  death.  There  is  no  law 
giving  a  husband  such  rights  upon  desertion  by  his  wife.  His  only 
remedy  is  divorce. 

(9)  Under  the  Act  of  June  8,  1893,  P.  L.  344  ( Married  Women  34) 1, 
a  married  woman  cannot  be  arrested  or  imprisoned  for  her  torts,  in  a  civil 
action.     This  privilege  is  reserved  for  men  and  unmarried  women. 

(10)  After  the  death  of  her  husband,  a  wife  is  entitled  to  $300 
exemption  out  of  his  estate  before  debts  are  payable,  under  the  Act  of 
April  14,  185 1,  P.  L.  612  (Decedents'  Estates  225).  After  the  payment  of 
debts,  the  intestate  laws,  as  amended  by  the  Act  of  April  1,  1909,  P.  L. 
87,  entitle  the  wife  to  an  additional  $5,000  before  general  distribution  is 
declared.    A  husband  has  no  such  rights  in  his  wife's  property. 


CHAPTER  XI. 
DECEDENTS. 

PACE 

i    Wills    "5 

2.  Intestacy    *  *" 

3.  Executors  and  Administrators 1 18 

1.    WILLS. 

Under  the  Act  of  April  8,  1833,  P.  L.  249,  as  modified  by  the  Act  of 
June  8,  1893,  P.  L.  343  (Decedents'  Estates  31,  32,  34,  35,  36,  37,  39  and 
40),  every  person  of  sound  mind  and  over  twenty-one  may  dispose  of 
his  or  her  real  and  personal  estate  by  will  in  writing,  signed  by  the 
testator,  except  nuncupative  wills  made  during  decedent's  last  sickness  by 
word  of  mouth  before  at  least  two  persons,  and  proved  by  them. 

When  wills  are  probated,  the  testator's  signature  must  be  "proved'' 
by  two  witnesses ;  but  no  subscribing  or  attesting  witnesses  are  required 
in  this  state  except  in  the  case  of  gifts  to  charity,  under  the  Act  of  April 
26,  1855,  P.  L.  328  (Charities  2),  which  provides  that  in  order  that  the 
gift  be  valid,  the  deed  or  will,  "attested  by  two  credible  and  at  the  same 
time  disinterested  witnesses,"  be  executed  at  least  one  calendar  month 
before  the  death. 

Under  the  Act  of  1833  above  mentioned,  a  father  may  by  will  ap- 
point a  testamentary  guardian  for  his  minor,  unmarried  children. 

Under  the  Act  of  June  10,  1881,  P.  L.  96  (Decedents'  Estates  184), 
the  mother  who  leaves  an  estate  to  her  child  may  also  appoint  a  testa- 
mentary guardian,  the  father  being  dead  and  not  having  appointed  such 
guardian.  Also,  where  the  husband  "from  drunkenness,  profligacy,  or 
other  cause,  has  neglected  or  refused  to  provide  for  his  wife  and  children, 
or  has  deserted  them,"  the  wife  may,  under  the  Act  of  May  25,  1887, 
P.  L.  264  (Decedents'  Estates  186),  if  she  leaves  her  children  an  estate, 
appoint  a  testamentary  guardian. 

Wills  are  valid  and  of  full  effect  as  to  all  persons  except  the  wife 
or  husband  of  the  testator.  When  a  husband  leaves  a  will,  his  wife  can 
choose  between  (1)  taking  under  the  will,  or  (2)  taking  under  the  intes- 
tate laws.  See  Intestacy.  When  a  wife  leaves  a  will,  her  husband  can 
choose  between  (1)  taking  under  the  will,  (2)  taking  "such_  share  and 
interest  in  her  real  and  personal  estate  as  she  can,  when  surviving  elect  to 
take  against  his  will  in  his  estates"  (Act  of  May  4.  1855,  P.  L.  430),  or 
(3)  taking  his  estate  by  the  "curtesy."  For  the  various  statutes,  see  the 
subject  "Dower  and  Curtesy"  in  Pepper  &  Lewis's  Digest  of  Laws. 

Common  law  '.'curtesy"  is  the  estate  which  a  husband  has  in  his 
deceased  wife's  real  estate,  and  is  simply  a  life  estate  in  the  whole.  This 
may  not  be  barred  by  will  in  Pennsylvania ;  but  in  cases  where  real  estate 

("5) 


n6  SOCIAL    LAWS    OF    PENNSYLVANIA. 

is  held  in  trust  for  a  wife's  separate  use,  no  such  right  exists,  and  the 
husband  can  only  take  what  is  willed  to  him  by  his  wife. 

Whether  there  is  a  will  or  not,  the  widow  or  minor  children,  under 
the  Act  of  April  14,  185 1,  P.  L.  612  (Decedents'  Estates  225),  are  allowed 
an  exemption  of  $300  out  of  the  husband's  or  father's  estates,  to  be  set 
aside  for  them  even  before  the  payment  of  debts. 

2.    INTESTACY. 

In  every  case  where  a  husband  or  father  dies,  his  widow  or  his  minor 
children,  under  the  Act  of  April  14,  185 1,  P.  L.  612  (Decedents'  Estates 
225),  are  entitled  to  an  exemption  of  $300  out  of  his  estate,  to  be  set  aside 
for  them  before  debts  are  paid. 

After  such  exemption,  if  any,  is  taken  out,  the  debts  and  legal 
charges,  if  any,  are  to  be  paid,  and  the  balance  of  the  estate  then  remain- 
ing is  to  be  distributed  in  accordance  with  the  laws  relating  to  intestacy. 
These  laws  are  rather  numerous  and  will  be  found  in  Pepper  and  Lewis's 
Digest  of  Laws  under  Intestacy  in  the  title  "Decedents'  Estates,"  232  to 
257,  to  which  should  be  added  the  Act  of  April  1,  1909,  P.  L.  87.  These 
various  acts  will  not  be  referred  to  separately,  but  their  provisions  will 
be  set  forth  as  concisely  as  possible. 

Where  the  intestate  leaves  a  widow  and  issue,  the  widow  takes  one- 
third  part  of  the  real  estate  for  life  and  one-third  part  of  the  personal 
estate  absolutely. 

Where  the  intestate  leaves  a  widow,  but  no  issue,  the  widow  is 
entitled  to  the  real  and  personal  estate  absolutely  to  the  amount  or  value 
of  $5,000;  and,  as  to  any  remaining,  she  shall  take  one-half  of  the  real 
estate  for  life  and  one-half  of  the  personal  estate  absolutely. 

Where  the  intestate  leaves  a  husband,  he  takes  a  life  estate  in  all 
of  the  real  estate,  whether  there  are  children  or  not ;  as  to  the  personal 
estate,  he  takes  it  all  absolutely  where  there  are  no  children ;  but  where 
there  are  children,  the  husband  and  children  divide  the  personal  estate 
between  them,  share  and  share  alike.  In  such  case,  children  of  deceased 
children  take  their  parent's  share. 

Subject  to  the  foregoing  rights  of  the  husband  or  wife,  the  real 
and  personal  estate  of  an  intestate  shall  be  distributed  among  the  intes- 
tate's children  as  follows : 

I.  If  such  intestate  shall  leave  children,  but  no  other  descendant 
being  the  issue  of  a  deceased  child,  the  estate  shall  descend  to  and  be 
distributed  among  such  children. 

II.  If  such  intestate  shall  leave  grandchildren,  but  no  child  or  other 
descendant  being  the  issue  of  a  deceased  grandchild,  the  estate  shall 
descend  to  and  be  distributed  among  such  grandchildren. 

III.  If  such  intestate  shall  leave  descendants  in  any  other  degree  of 
consanguinity,  however  remote  from  him,  and  all  in  the  same  degree  of 
consanguinity  to  him,  the  estate  shall  descend  to  and  be  distributed  among 
such  descendants. 

IV.  If  such  intestate  shall  leave  descendants  in  different  degrees 
of  consanguinity  to  him,  the  more  remote  of  them  being  the  issue  of  a 


DECEDENTS.  117 

deceased  child,  grandchild  or  other  descendant,  the  estate  shall  descend  to 
and  be  distributed  among  them  as  follows,  viz. : 

(a)  Each  child  shall  take  such  share  as  he  would  have  taken  if  the 
children  who  had  died,  leaving  issue,  had  been  living  at  the  death  of 
intestate. 

(b)  Each  grandchild,  if  there  are  no  children,  in  like  manner  shall 
take  such  share  as  he  or  she  would  have  received  if  all  the  other  grand- 
children who  had  died,  leaving  issue,  had  been  living  at  the  death  of  the 
intestate,  and  so  in  like  manner  to  the  remotest  degree. 

(c)  In  every  such  case,  the  issue  of  such  deceased  child,  grandchild 
or  other  descendant,  shall  take,  by  representation  of  their  parents  respec- 
tively, such  share  as  their  parent  would  have  taken,  if  they  had  been 
living  at  the  death  of  the  intestate. 

Stated  shortly,  these  rules  mean  that  when  all  the  descendants  are  of 
the  same  degree  of  relationship,  they  take  per  capita,  but  when  they  are 
of  different  degrees  of  relationship,  those  in  the  degree  nearest  the 
intestate  take  per  capita  and  the  more  remote  take  by  representation  of 
the  deceased  members  of  the  nearest  degree.  Clement's  Estate,  160 
Pa.  391. 

Where  there  are  no  issue  or  other  direct  descendants,  the  real  estate 
goes  to  the  parents  and  the  survivor  of  the  latter  for  life,  and  the  personal 
estate  goes  to  them  absolutely. 

In  default  of  direct  descendants,  and  subject  to  the  foregoing,  the 
real  and  personal  estate  of  an  intestate  passes  to  collateral  heirs  as 
follows : 

I.  If  such  intestate  shall  leave  brothers  and  sisters,  or  either,  of  the 
whole  blood,  and  no  nephew  or  niece  being  the  issue  of  a  deceased  brother 
or  sister  of  the  whole  blood,  the  real  estate  shall  descend  to  and  vest  in 
such  brothers  and  sisters. 

II.  If  such  intestate  shall  leave  neither  brother  nor  sister  of  the 
whole  blood,  but  nephews  and  nieces  being  the  children  of  such  deceased 
brother  or  sister,  the  real  estate  shall  descend  to  and  vest  in  such  nephews 
and  nieces. 

III.  If  such  intestate  leaves  both  brothers  and  sisters  and  children 
of  a  deceased  brother  or  sister,  all  of  the  whole  blood,  then  the  brothers 
and  sisters  take  the  same  share  as  if  their  brother  or  sister  had  not  died, 
and  the  nephews  and  nieces  take  by  representation  of  their  parent. 

IV.  In  the  absence  of  brothers  and  sisters  of  the  whole  blood,  and 
of  children  of  such  deceased  brothers  and  sisters,  the  real  estate  of  such 
intestate  shall  descend  to  and  vest  in  the  next  of  kin  of  such  intestate, 
being  the  descendants  of  his  brothers  and  sisters  of  the  whole  blood. 

V.  The  personal  estate  of  such  intestate  shall  be  distributed  in  the 
same  way  as  the  real  estate,  but  without  any  distinction  of  blood. 

Where  there  are  no  direct  or  collateral  descendants  of  the  whole 
blood,  the  real  estate  goes  to  the  parents  of  the  intestate,  or  to  the 
survivor  of  them. 

Where  the  parents  also  are  dead,  brothers  and  sisters  of  the  half 
blood,  and  their  issue,  inherit  real  estate  under  the  same  rules  that  are 
provided  for  collateral  heirs  of  the  whole  blood. 

In  the  absence  of  all  of  the  foregoing,  the  real  and  personal  estate 
goes  to  the  "next  of  kin"  of  the  intestate,  real  estate  to  go  to  the  nearest 


n8  SOCIAL    LAWS    OF    PENNSYLVANIA. 

heir  of  the  blood  of  the  purchaser  thereof,  from  whom  it  descended  to 
the  intestate. 

Whenever  the  next  of  kin  is  a  grandparent,  and  a  grandparent  on  the 
other  side  had  died  leaving  descendants,  such  descendants  take  by  repre- 
sentation of  the  deceased  grandparent  under  rules  set  forth  at  length  in 
the  statutes. 

Where  there  are  no  known  heirs  or  next  of  kin,  but  a  husband  or 
wife,  then  such  husband  or  wife  shall  take  the  real  and  personal  property 
absolutely. 

Where  there  is  no  husband  or  wife,  or  other  known  heir  or  next  of 
kin,  all  property  shall  escheat  to  the  commonwealth. 

All  the  foregoing  rules  apply  only  to  legitimate  persons.  As  to  ille- 
gitimate children,  they  take  the  name  of  their  mother,  and  the  same  rules 
of  inheritance  relate  to  them  as  to  legitimate  persons  in  so  far  as  their 
mother,  grandmother,  brothers  and  sisters,  whether  legitimate  or  ille- 
gitimate, are  concerned,  they  being  considered  only  of  the  half  blood  in 
respect  to  their  legitimate  brothers  and  sisters. 

i 
3.     EXECUTORS  AND  ADMINISTRATORS. 

Letters  testamentary  and  letters  of  administration  are  granted  by  the 
Register  of  Wills  of  the  county  in  which  the  decedent  resided  (Decedents' 
Estates  69  et  seq.).  Where  there  is  a  will,  it  is  admitted  to  probate  by 
the  same  officers,  and  to  the  person  named  in  it  as  executor  is  granted 
letters  testamentary.  Where  there  is  no  will,  letters  of  administration  are 
grantable  first  to  the  husband  or  wife  of  decedent,  or,  if  none,  to  the 
next  of  kin  in  the  order  of  their  right  of  inheritance.  Any  person  having 
a  right  to  administer  may  renounce  that  right  in  favor  of  another,  and 
the  Register  must  appoint  that  person  unless  he  is  personally  unfit  or 
legally  incompetent.  It  is  very  common  for  relatives  to  renounce  in 
favor  of  a  trust  company,  as  administration  by  them  is  generally  more 
satisfactory  than  by  a  relative. 

In  general,  executors  and  administrators  have  to  do  only  with  per- 
sonal property,  the  real  estate  of  decedent  passing  direct  to  the  heir  and 
vesting  in  him  at  once  upon  the  ancestor's  death.  However,  the  will  can 
give  the  executor  rights  over  real  estate;  and  where  there  is  not  enough 
personal  property  to  pay  debts  the  executor  or  the  administrator  may 
seize  and  sell  sufficient  real  estate  for  that  purpose.  This  is  under  the 
Orphans'  Court  Act  of  March  29,  1832,  P.  L.  190  (See  Orphans'  Court 

98). 

After  appointment,  it  is  the  duty  of  an  administrator  or  an  executor 

to  take  possession  of  the  personal  estate  of  decedent,  file  an  inventory 

thereof  and  convert  the  same  into  cash  at  as  early  a  day  as  convenient. 

It  is  then  his  duty  to  pay  the  debts  of  decedent,  which,  under  the  Act  of 

Feb.  24,  1834,  P.  L.  70  (Decedents'  Estates  20  and  21)  are  payable  in 

the  following  order,  as  to  preference: 

1.     Funeral  expenses,  medicine   furnished  and  medical  attendance 

given  during  the  last  illness  of  the  decedent,  and  servants'  wages  not 

exceeding  one  year. 


DECEDENTS.  119 

2.  Rents,  not  exceeding  one  year. 

3.  All  other  debts,  without  regard  to  the  quality  of  the  same,  except 
debts  due  to  the  commonwealth,  which  shall  be  last  paid. 

With  the  exception  of  the  items  under  the  first  preference,  no 
executor  or  administrator  can  be  compelled  to  pay  debts  "until  one  year 
be  fully  elapsed  from  the  granting  of  the  administration  of  the  estate." 

Under  the  Act  of  June  14,  1901,  P.  L.  562  (Decedents'  Estates  23), 
debts  not  of  record,  that  is,  secured  by  mortgage  or  reduced  to  judgment, 
become  a  lien  upon  real  estate  when  death  occurs  and  so  remain  for  two 
years,  during  which  time,  if  it  is  desired  that  the  lien  be  retained,  it  is 
necessary  that  suit  be  brought  and  indexed  as  a  judgment  in  the  Pro- 
thonotary's  Office  of  the  county  where  the  real  estate  is  situated.  On 
account  of  this  law,  it  is  ordinarily  impossible  to  sell  the  real  estate  of  a 
decedent  within  two  years  of  the  death,  unless  by  judicial  sale  of  some 
kind,  as,  for  instance,  by  an  administrator  for  the  purpose  of  paying  debts, 
or  by  a  mortgagee  upon  his  mortgage. 

After  one  year,  the  executor  or  administrator  must  file  his  account, 
and  submit  to  an  audit  thereof.  Any  unpaid  creditors  can  then  prove 
their  accounts  before  the  Orphans'  Court  or  an  auditor  appointed  by  it. 
After  hearing  the  evidence,  the  court  will  make  an  order  of  distribution. 
After  accounting  fully  for  all  assets  which  came  in  his  hands,  and  paying 
out  the  same  in  accordance  with  the  court's  order,  the  executor  or  admin- 
istrator is  deemed  discharged  of  his  trust. 


CHAPTER  XII. 
MISCELLANEOUS. 


PAGE 


i.  Immigration   120 

2.  Naturalization    122 

3.  Liquors    123 

4.  Loan  Companies   125 

5.  Special  Police  for  Charitable  Associations 126 

6.  Peddlers. 

A.  In  Cities  of  the  First  Class 127 

B.  In  Cities  of  the  Second  and  Third  Classes 128 

C.  In  Boroughs  and  Townships 128 

D.  General  Statutes 129 

1.     IMMIGRATION. 

The  statutes  and  rules  relating  to  immigration  may  be  secured  in 
pamphlet  form  from  the  Bureau  of  Immigration  of  the  United  States, 
Department  of  Labor,  at  Washington,  D.  C.,  or,  in  Pennsylvania,  from 
the  offices  of  the  immigration  officials  in  Philadelphia  and  Pittsburgh. 

Matters  relating  to  immigration  are  governed  by  the  Act  of  Congress 
of  February  20,  1907,  as  amended  by  the  Acts  of  March  26,  1910,  and 
March  4,  1913. 

The  classes  of  aliens  excluded  by  the  act  from  admission  into  the 
United  States  are  as  follows : 

( 1 )  Idiots,  imbeciles,  feeble-minded  persons,  epileptics,  insane  per- 
sons, persons  who  have  been  insane  within  five  years,  or  who  have  previ- 
ously had  two  attacks  of  insanity. 

(2)  Paupers,  unless  a  bond  is  given  that  they  will  not  become  a 
public  charge. 

(3)  Persons  likely  to  become  a  public  charge,  unless  a  bond  is  given 
that  this  will  not  happen. 

(4)  Professional  beggars. 

(5)  Persons  having  tuberculosis  or  a  loathsome  or  dangerous  con- 
tagious disease. 

(6)  Persons  certified  by  the  examining  physician  as  mentally  or 
physically  defective,  so  that  their  ability  to  earn  a  living  is  affected, 
except  in  the  case  of  physically  defective  a  bond  may  be  given  that  they 
will  not  become  a  public  charge. 

(7)  Persons  who  have  been  convicted  of  or  admit  having  committed 
a  crime  "involving  moral  turpitude,"  but  this  does  not  apply  to  offences 
"purely  political." 

(8)  Polygamists. 

(9)  Anarchists. 

!  (120) 


MISCELLANEOUS.  121 

( 10)  Prostitutes,  or  persons  coming  for  that  business,  and  procurers. 

(11)  Contract  laborers,  or  persons  induced  to  come  by  the  promise 
of  employment ;  but  this  does  not  apply  to  actors,  artists,  lecturers,  singers, 
ministers,  professors,  members  of  recognized  learned  professions  and 
personal  servants. 

(12)  Persons  deported  within  one  year  for  being  contract  laborers. 

(13)  Persons  whose  passage  money  was  provided  by  others,  unless  it 
is  affirmatively  shown  that  it  was  not  provided  by  any  corporation,  asso- 
ciation, society,  municipality  or  foreign  government,  either  directly  or 
indirectly. 

(14)  Children  under  sixteen  unaccompanied  by  parents,  except  in 
accordance  with  rules  prescribed  by  the  Secretary  of  Labor,  which  rules 
allow  the  admission  of  strong,  healthy  children  who  are  going  to  relatives 
who  are  able  and  willing  to  support  them  and  send  them  to  school  until 
they  are  sixteen,  the  bureau  having  the  right  to  require  a  bond. 

If  any  aliens  pass  the  inspectors  who  should  have  been  excluded 
under  the  above,  or  if  any  aliens  engage  in  any  way  in  the  business  of 
prostitution,  or  become  public  charges  from  causes  existing  prior  to 
landing,  they  shall  be  taken  into  custody  and  deported  to  the  country 
from  which  they  came  at  any  time  within  three  years  after  the  date  of 
entry. 

Any  cases  in  which  deportation  under  the  law  appears  proper  should 
be  reported  to  the  immigration  officer  stationed  nearest  where  the  alien 
is  found  to  be.  In  Pennsylvania,  this  is  either  Philadelphia  or  Pitts- 
burgh, the  only  two  immigration  offices  in  the  State.  It  thereupon  be- 
comes the  duty  of  the  officer  in  charge  to  prepare  an  application  for  a 
warrant  of  arrest  to  be  forwarded  to  the  Commissioner  of  Immigra- 
tion at  Washington.  This  application  must  state  facts  bringing  the 
alien  within  one  or  more  of  the  classes  subject  to  deportation,  together 
with  affidavits,  doctors'  certificates,  etc.,  as  proof  of  such  facts.  Upon 
the  issue  of  the  warrant  of  arrest,  the  alien  is  taken  into  custody  and  given 
a  hearing  before  the  officer  named  in  the  warrant  of  arrest.  He  may 
there  be  represented  by  an  attorney  and  pending  the  decision  of  the 
case  may  be  allowed  to  remain  in  some  institution  or  place  deemed  secure 
and  proper  by  the  officer,  or  released  under  $500  bail  unless  different 
instructions  are  given  by  the  Department.  If  no  bond  is  given,  the  alien 
is  to  be  held  in  jail  only  in  case  no  other  secure  place  of  detention  can 
be  found.  The  full  record  of  the  case,  together  with  the  officer's  recom- 
mendation and  a  brief  by  the  attorney  is  sent  to  the  Bureau  at  Wash- 
ington, where  a  warrant  of  deportation  is  issued  if  the  facts  warrant  it. 
by  the  Secretary  of  Labor.  The  peculiarity  of  this  proceeding  is  that 
there  is  no  appeal  to  court  at  any  stage  of  it,  the  decision  of  the  officials 
being  final.  The  technical  rules  of  evidence  do  not  apply,  and  the  pro- 
ceeding is  more  of  an  inquiry  than  a  trial. 

After  the  warrant  of  deportation  is  issued,  the  alien  is  removed  to 
the  port  of  deportation  at  the  expense  of  the  United  States,  except  that 
one-half  of  such  expense  shall  be  paid  by  he  contractor,  procurer,  or 
other  person  by  whom  the  alien  was  unlawfully  induced  to  enter  the 
United  States,  if  there  be  such  person.    From  the  port  of  deportation  the 


122  SOCIAL    LAWS    OF    PENNSYLVANIA. 

expense  must  be  paid  by  the  owner  or  owners  of  such  vessel  or  trans- 
portation line  by  which  such  alien  came.  This  includes  the  total  cost  to 
the  alien's  final  destination.  Where  an  alien  requires  special  care  and 
attention,  an  attendant  may  be  sent  along,  the  expense  thereof  to  be  paid 
in  the  same  manner. 

In  a  case  where  an  alien  has  been  admitted  and  has  become  a  public 
charge  from  physical  disability  arising  after  landing,  he  may  be  deported 
with  his  consent  within  one  year  from  the  date  of  landing,  providing  he 
is  delivered  free  of  charge  to  the  Government  at  some  designated  port. 
The  cost  of  transportation  is  then  payable  by  the  United  States  from 
such  port  to  the  alien's  final  destination  abroad. 

Some  of  the  penalties  provided  for  violations  of  the  act  are  as  fol- 
lows: 

(i)  For  importing  any  alien  for  purposes  of  prostitution  or  other 
immoral  purpose,  fine  of  $5,000  and  ten  years'  imprisonment. 

(2)  For  attempting  to  return  after  deportation  on  the  ground  of 
prostitution,  two  years'  imprisonment,  and  subsequent  deportation. 

(3)  For  prepaying  transportation  or  bringing  contract  laborers  or 
illegally  inducing  an  alien  to  come,  a  fine  is  fixed  at  $1,000  for  every 
such  offence,  "which  may  be  sued  for  and  recovered  by  the  United 
States,  or  by  any  person  who  shall  first  bring  his  action  therefor  in  his 
own  name  and  for  his  own  benefit,  including  any  such  alien  thus  promised 
labor  or  service  of  any  kind  as  aforesaid,"  to  be  sued  for  in  the  Federal 
courts. 

(4)  For  any  person,  including  the  owners  of  vessels,  to  bring  into 
the  United  States  any  alien  not  duly  admitted  by  the  immigrant  inspec- 
tors, is  a  misdemeanor,  punishable  by  fine  of  $1,000  and  two  years'  im- 
prisonment. 

(5)  For  bringing  insane  or  diseased  aliens  into  the  United  States 
when  such  condition  might  have  been  detected  by  a  competent  medical 
examination,  the  person  or  owner  of  the  vessel  shall  pay  the  collector 
of  customs  $100  for  every  person  so  brought. 

(6)  For  conspiring  to  allow,  procure  or  permit,  or  for  aiding  or 
assisting  any  person  to  enter  the  United  States  except  pursuant  to  law, 
a  fine  of  $5,000  and  five  years'  imprisonment. 

2.     NATURALIZATION. 

Under  the  Naturalization  Law  of  June  29,  1906,  only  aliens  who  are 
free  white  persons  or  who  are  of  African  nativity  or  descent  can  be 
naturalized.  This  excludes  Chinese,  Japanese,  Indians,  Malays,  Hindus, 
and  any  other  colored  peoples. 

Any  such  alien  over  eighteen  years  of  age  who  is  residing  in  this 
country  may  declare  his  intention  of  becoming  a  citizen  of  the  United 
States  und  renounce  forever  his  foreign  allegiance  by  taking  an  oath 
to  this  effect  before  the  clerk  of  the  proper  court  (the  United  States 
District  Court  of  the  District  or  the  Court  of  Common  Pleas  of  the  proper 
county).  The  clerk  will  then  issue  the  First  Paper  to  the  applicant. 
Aliens  twenty-one  years  old  and  upwards  who  have  served  in  the  United 
States  army  and  have  been  honorably  discharged,  or  who  have  served 
five  years  continuously  in  the  United  States  navy  or  one  enlistment  in 


MISCELLANEOUS.  123 

the  United  States  Marine  Corps,  may  be  naturalized  without  first  de- 
claring intention. 

Not  less  than  two  nor  more  than  seven  years  after  taking  out  the 
First  Paper,  and  after  the  applicant  has  resided  in  the  United  States 
at  least  five  years,  he  may  petition  the  court  at  the  place  he  is  then 
residing  (having  been  at  least  one  year  in  the  state)  for  naturalization,  or 
Second  Paper,  as  it  is  called.  He  must  be  able  to  write  his  name  to  the 
petition  and  to  speak  English.  To  witnesses  must  be  present  when  the 
application  is  filed.  These  witnesses  must  be  citizens  who  know  the 
applicant  and  that  he  is  of  good  moral  character  and  in  every  way  qual- 
ified to  become  a  citizen.  The  petition  must  set  forth  the  facts  as  to  his 
former  allegiance,  how,  when  and  where  he  came  to  this  country,  his 
name,  the  date  and  place  of  birth,  and  the  names  and  residence  of  his 
wife  and  children. 

Notice  of  the  petition  is  posted,  and  may  be  opposed  by  any  person 
for  cause.  The  final  hearing  is  not  less  than  ninety  days  after  the 
application,  and  is  held  in  open  court,  two  witnesses  being  present  with 
each  applicant.  Any  alien,  in  applying  for  Second  Paper,  may  change 
his  name  if  he  notifies  the  clerk  and  can  give  good  reason  therefor  to 
the  court.  If  all  the  conditions  are  properly  fulfilled,  the  court  there- 
upon orders  the  Second  Paper  to  issue. 

A  woman  may  be  naturalized,  and  a  wife  and  minor  children  can 
use  the  First  Paper  of  the  husband  and  father  to  complete  their  natural- 
ization if  he  has  died  before  getting  his  Second  Paper.  The  naturaliza- 
tion of  a  man  carries  with  it  the  naturalization  of  his  wife  and  minor 
children.  Children  born  in  the  United  States  while  their  parents  are 
residing  here  are  citizens  although  their  parents  may  at  that  time  be 
aliens. 

3.     LIQUORS. 

Under  the  retail  liquor  license  law  of  May  13,  1887,  P.  L.  108 
(Liquors  I  et  seq.),  it  is  unlawful  for  any  person  to  sell  liquors  without 
a  license,  except  druggists,  upon  the  written  prescription  of  a  regularly 
registered  physician.  Regularly  organized  and  bona  fide  clubs  may  "dis- 
tribute" liquor  among  their  members  at  cost,  but  this  is  not  a  "sale,"  so 
is  not  forbidden  by  the  Act  of  1887. 

Under  Section  14  of  the  Act  of  1887  (Liquors  32),  no  licensee  shall 
trust  or  give  credit  for  liquor,  under  penalty  of  losing  and  forfeiting 
such  debt ;  and  no  action  may  be  maintained  in  court  for  such  a  debt. 

Under  section  17  (Liquors  33)  it  is  unlawful  for  any  person,  with 
or  without  a  license,  to  furnish  by  sale,  gift  or  otherwise,  any  liquors, 

(1)  On  election  day. 

(2)  On  Sunday. 

(3)  At  any  time  to  a  minor. 

(4)  To  "a  person  of  known  intemperate  habits,"  which  means 
"known"  generally,  whether  known  to  the  saloon-keeper  or  not. 

(5)  To  a  person  "visibly  affected  by  intoxicating  drink,  either  for 
his  or  her  use,  or  for  the  use  of  any  other  person." 

(6)  To  any  person  on  a  pass-book  or  order  on  a  store. 


124  SOCIAL    LAWS    OF    PENNSYLVANIA. 

(7)  To  any  person  in  exchange  for  goods,  wares,  merchandise,  or 
provisions. 

Upon  conviction,  the  offender  shall  be  fined  not  less  than  S50  nor 
more  than  $500,  and  undergo  an  imprisonment  of  not  less  than  twenty 
nor  more  than  ninety  days. 

The  penalty  for  selling  without  a  license  is  a  fine  of  not  less  than 
$500  nor  more  than  $5,000,  and  imprisonment  in  jail  for  not  less  than 
three  months  nor  more  than  twelve  months.  A  licensee  who  breaks 
provisions  of  the  liquor  laws  is  subject  to  fine  for  the  first  two  offences, 
but  for  the  third  offence  is  subject  to  the  same  severe  penalty  above  men- 
tioned. Licenses  may  be  revoked  after  conviction  of  more  than  one  of- 
fence, and  shall  not  thereafter  be  granted  to  the  person  so  convicted. 
They  may  also  be  revoked  without  conviction  upon  proof  furnished  to 
the  court  that  the  licensee  permitted  "the  customary  visitation  of  dis- 
reputable persons,"  or  kept  "a  disorderly  place." 

Under  the  Act  of  May  11,  1901,  P.  L.  162  (Liquors  41  to  43),  any 
person  selling  without  a  license,  in  addition  to  the  above  penalties,  "shall 
also,  for  every  such  offence  forfeit  and  pay  the  sum  of  $100,  which 
shall  be  recoverable,  with  the  costs,  by  any  person  suing  in  the  name  of 
the  commonwealth  before  any  justice  of  the  peace  or  alderman.  And  in 
case  the  judgment  shall  not  be  forthwith  paid,  the  defendant  may  be  com- 
mitted to  the  county  jail  or  workhouse,  there  to  remain  until  the  judg- 
ment be  paid  or  he  be  otherwise  discharged  by  law."  All  such  fines  are 
payable  to  the  city,  borough  or  township  where  the  offence  was  com- 
mitted. 

Under  the  Act  of  May  25,  1897,  P.  L.  93  (Liquors  46),  any  liquor 
dealer  who  is  prosecuted  for  selling  to  minors  may  give  in  defence  the 
circumstances  under  which  the  sale  was  made,  and  if  it  appears  it  was 
made  knowingly  or  negligently  he  shall  be  guilty  of  a  misdemeanor, 
and  the  burden  of  proving  that  it  was  not  made  knowingly  or  negligently 
is  placed  upon  the  defendant. 

Under  the  Act  of  June  13,  1836,  P.  L.  589,  §  66  (Liquors  47),  the 
committee  of  any  habitual  drunkard  may  give  notice  to  any  dealer  not 
to  sell  to  such  habitual  drunkard,  and  if  sales  are  then  made  the  dealer 
shall  forfeit  $10  for  each  sale,  to  be  recovered  by  civil  action  and  divided 
equally  between  the  county  and  the  person  suing. 

Under  the  Act  of  April  22,  1903,  P.  L.  257  (Liquors  49),  notice 
may  be  given  to  any  dealer  forbidding  him  to  sell  to  any  intemperate 
person  or  habitual  drunkard.  Such  notice  may  be  either  written  or 
verbal  and  may  be  given  by  any  member  of  the  family  or  blood  relations 
of  the  intemperate  person,  by  an  overseer  of  the  poor  or  a  magistrate  of 
the  district  of  legal  settlement  or  by  the  committee  of  a  habitual  drunk- 
ard. If  the  person  receiving  such  notice  furnishes  such  person  liquors 
within  three  months,  he  is  guilty  of  a  misdemeanor  and  is  subject  to  a 
fine  of  $10  to  $50  and  an  imprisonment  of  ten  to  sixty  days. 

CIVIL   ACTIONS   FOR  DAMAGES. 

Section  3  of  the  Act  of  May  8.  1854,  P.  L.  663  (Liquors  61),  makes 
any  person  who  furnishes  liquor  to  another  in  violation  of  any  existing 


MISCELLANEOUS. 


].?: 


law  liable  in  damages  by  action  in  trespass  to  "any  one  aggrieved.'' 
As  the  first  section  of  the  same  act  (Liquors  45)  makes  it  illegal  to  sell 
"to  any  person  of  known  intemperate  habits,  to  a  minor,  or  to  an  insane 
person,"  civil  damages  may  often  be  recovered  where  some  injury  hap- 
pens as  a  consequence  of  the  drink  furnished.  Under  this  law  the  courts 
have  held  that  the  intemperate  man  himself  is  a  person  aggrieved,  and 
he  may  himself  sue ;  also  the  widow  and  minor  children  may  sue  when 
the  husband  is  killed  in  the  accident  following  the  illegal  furnishing 
of  liquor.  Nor  is  it  any  defence  that  the  seller  had  no  actual  notice  that 
the  buyer  of  the  liquor  was  a  person  of  intemperate  habits,  or  that  he 
was  not  visibly  intoxicated  at  the  time  of  the  sale.  It  is  likewise  no  de- 
fence that  other  persons  also  furnished  liquor  to  such  person — they  are 
all  equally  liable. 

Under  the  Act  of  March  31,  1856,  P.  L.  200  (Liquors  60),  any 
person  who  sells  another  liquor  to  be  drunk  on  the  premises,  and  such 
other  person  becomes  intoxicated  thereby,  the  seller  is  liable  to  a  fine  of 
$5  in  an  action  to  be  instituted- within  twenty  days  before  any  justice  of 
the  peace  or  alderman  by  the  wife,  husband,  parent,  child,' relative  or 
guardian  of  the  person  so  injured.  Such  fines  go  to  the  person  institut- 
ing the  suit,  and  are  collected  out  of  the  goods  and  chattels  of  the 
seller,  the  exemption  laws  not  applying. 

Under  the  Act  of  April  12,  1875,  P.  L.  40  (Liquors  59),  the  husband. 
wife,  parent,  child  or  guardian  of  any  person  who  drinks  to  excess  may 
notify  in  writing  any  liquor  dealer  not  to  furnish  liquor  to  such  person ; 
and  if  the  dealer  does  furnish  it  within  twelve  months,  the  person  giv- 
ing the  notice  may  bring  an  action  of  tort  for  damages  and  recover  not 
less  than  $50  nor  more  than  $500,  to  be  fixed  by  the  court  or  judge  as 
damages.  A  married  woman  may  bring  this  action  in  her  own  name,  and 
the  damages  recovered  go  to  her  separate  use. 

Any  person  prosecuting  another  for  a  violation  of  the  provisions  of 
the  Act  of  1854,  above  mentioned,  is  entitled  under  section  6  (Liquors 
75)  to  receive  compensation,  to  be  fixed  by  the  court,  not  exceeding  $20, 
to  be  taxed  as  costs,  and  to  be  in  addition  to  regular  witness  fees. 

Under  the  Act  of  May  13,  1887.  P.  L.  108,  §  18  (Liquors  80).  any 
place  where  liquors  are  sold  in  violation  of  law  is  declared  to  be  a 
nuisance,  to  be  abated  by  proceedings  at  law  or  equity.  All  expenses 
connected  with  such  proceedings,  including  a  counsel  fee  of  S20  for 
complainant's  counsel,  shall  be  paid  by  the  defendants. 

4.     LOAN  COMPANIES. 

Under  the  law  as  it  existed  prior  to  1913  lenders  of  money  could  not 
legally  collect  more  than  6%  interest  per  annum,  which,  by  the  Act  of 
May  28,  1858,  P.  L.  622  (Interest  1),  is  made  the  lawful  rate  of  interest 
"where  no  express  contract  shall  have  been  made  for  a  less  rate."  The 
second  section  of  that  Act  provided  that  where  any  greater  rate  shall  be 
charged,  the  borrower  need  not  pay  the  excess;  and  where  the  excess 
has  been  voluntarily  paid,  the  borrower  may  begin  suit  to  recover  such 
excess  within  six  months  after  the  time  of  payment. 


126  SOCIAL    LAWS    OF    PENNSYLVANIA. 

Under  the  Act  of  June  5,  1913,  P.  L.  429,  loan  companies  may  be 
granted  a  license  by  the  Quarter  Sessions  Court  in  each  county  to  loan 
money  and  charge  therefor  certain  fees  in  addition  to  interest  at  the 
rate  of  6%  per  annum.     Such  fees  are : 

(1)  Examination  fee  of  not  more  than  $1.00  on  loans  of  not  over 
$50.00. 

(2)  A  brokerage  fee  of  10%  of  the  amount  actually  loaned. 

The  examination  fee  may  be  demanded  in  advance,  but  no  such  fee 
can  be  collected  unless  a  loan  is  actually  made.  Neither  the  brokerage 
fee  of  10%  nor  the  interest  may  be  collected  in  advance,  so  the  borrower 
is  entitled  to  receive  in  cash  the  full  amount  of  the  loan  less  $1.00. 
Loans  may  not  be  renewed  so  as  to  charge  a  new  set  of  fees  oftener  than 
every  four  months. 

When  the  loan  is  made  the  borrower  must  be  given  a  card  showing 
the  date  and  amount  actually  loaned,  the  amount  of  fees  charged,  the 
amount  and  date  of  each  payment  and  the  rate  of  interest  charged.  When 
payments  are  made,  a  receipt  must  be  given  showing  the  amount  then 
paid,  the  total  amount  previously  paid  and  the  amount  remaining  due, 
setting  forth  the  interest  separately. 

When  assignments  of  wages  or  other  money  are  given  as  security, 
notice  must  be  given  the  employer  or  other  debtor  within  three  days  after 
the  loan  is  made. 

If  any  licensed  company  charges  more  than  the  law  allows,  it  may 
be  recovered  by  suit  begun  within  two  years.  Any  officer,  member  or 
agent  of  a  company  violating  the  law,  or  charging  more  than  the  law 
allows,  may  be  convicted  of  a  misdemeanor  and  fined  $500;  and  for 
subsequent  violation  he  may  also  be  imprisoned  six  months  and  have 
his   license   forthwith   revoked. 

A  slight  calculation  will  show  that  loan  companies  may  easily, 
under  this  act,  make  more  than  40%  a  year  on  their  money.  It  is  be- 
lieved that  very  few  loan  companies  will  attempt  to  operate  without 
taking  out  a  license.  Persons  interested  in  the  matter  should  then  see 
to  it  that  the  licensed  companies  do  not,  by  some  subterfuge  or  illegal 
practice,  make  greater  charges  than  the  law  allows  them  to  make. 

This  so-called  "Loan  Shark  Bill"  was  held  to  be  constitutional  by  the 
Superior  Court  in  July,  1914. 

5.     SPECIAL  POLICE  FOR  CHARITABLE  ASSOCIATIONS. 

Any  incorporated  or  unincorporated  association  organized  for  any 
charitable  purpose  may,  under  the  Act  of  June  25,  1885,  P.  L.  167 
(Charities  34  to  39),  apply  to  the  Governor  for  the  appointment  of  any 
special  officer  or  policeman  for  such  association,  and  the  Governor 
may,  in  his  discretion,  issue  a  commission  to  such  person  to  act  as  such 
special  officer  or  policeman.  The  officer  so  appointed  shall  be  paid  by 
the  association  as  may  be  agreed  between  them  and  shall  wear  a  metallic 
shield  with  the  words  "special  officer"  and  the  name  of  the  association 
upon  them. 


MISCELLANEOUS.  127 

Such  special  officers,  under  the  wording  of  the  amendment  to  the 
above  act  of  July  22,  1913,  P.  L.  901,  "shall  possess  and  have  the  right 
to  exercise  full  power  to  arrest,  upon  view,  any  person  for  the  commis- 
sion of  any  offence  against  the  laws  of  this  commonwealth,  when  such 
arrest  is  made  in  the  interest  of  the  association  for  which  such  special 
officer,  or  policeman,  is  appointed ;  or,  upon  warrant  drawn  by  the 
proper  officer,  in  any  county  in  this  commonwealth ;  and  keepers  of  jails 
or  lockups  or  station-houses  of  detention,  in  any  county  in  this  common- 
wealth, are  required  to  receive  all  persons  so  arrested  by  any  such  spe- 
cial officer  or  policeman,  to  be  dealt  with  according  to  law." 

Under  the  Act  of  May  25,  1887,  P.  L.  265  (Associations  for  Pre- 
vention of  Cruelty  to  Children  1  to  7),  the  courts  may  charter  as  cor- 
porations of  the  first  class  (not  for  profit)  associations  for  the  preven- 
tion of  cruelty  to  children  and  aged  persons,  such  corporations  being  per- 
mitted to  hold  real  estate  amounting  to  not  more  than  $20,000  a  year. 
Upon  application  to  the  Governor  persons  may  be  commissioned  as 
policemen  to  "possess  and  exercise  all  the  powers  of  a  policeman,  in  any 
county  in  which  they  may  be  directed  by  said  corporation  to  act,  and 
the  keepers  of  jails,  lock-ups,  station-houses,  in  any  of  said  counties, 
are  required  to  receive  all  persons  arrested  by  such  policemen  for  the 
commission  of  any  offense  for  the  cruelty  of  children  and  aged  persons, 
and  to  be  dealt  with  according  to  law."  Such  policemen  may  be  removed 
by  the  corporation  at  any  time  by  filing  notice  to  that  effect. 

6.     PEDDLERS. 

a.    IN   CITIES  OF  THE  FIRST  CLASS. 

The  Act  of  April  15,  1891,  P.  L.  17  (Peddlers  19  to  23),  empowers 
cities  of  the  first  class  to  impose  a  license  charge  for  hawking,  peddling  or 
vending  upon  the  public  streets  any  fish,  fruit  or  vegetables.  A  license 
can  be  granted  only  to  citizens  of  the  United  States,  and  does  not  apply 
to  citizens  of  Pennsylvania  who  are  selling  the  products  of  their  own 
farm  or  garden.  This  last  clause  was  held  unconstitutional  in  the  case 
of  Com.  v.  Simons,  15  Pa.  C.  C.  550  (1894),  but  the  City  of  Philadel- 
phia has  continued  to  act  under  the  statute. 

Under  this  Act,  the  City  of  Philadelphia  passed  the  Ordinance  of 
April  n,  1893,  No-  2l6>  fixing  the  charge  at  $15  for  a  license  for  a  two- 
horse  vehicle,  $10  for  a  license  for  a  one-horse  vehicle  and  $5  for  a 
license  for  each  barrow  or  hand-cart.  The  ordinance  applies  to  ped- 
dlers of  "vegetables,  fruits,  berries,  fish,  oysters,  general  produce,  wood, 
coal,  or  any  wares  or  merchandise  of  any  description  whatsoever,"  and  in 
this  particular  exceeds  the  authority  given  the  city  by  the  above  statute. 
Honorably  discharged  soldiers,  sailors,  marines  and  widows  are  exempted 
from  obtaining  a  license,  but  it  is  usual  to  grant  such  persons  a  license 
free  of  charge.  Licenses  are  granted  by  the  Commissioner  of  Markets 
and  City  Property,  who  is  authorized  to  give  a  license  to  farmers  free 

of  charge. 

The  penalty  for  disregarding  the  provisions  of  either  the  statute  or 
the  ordinance  is  five  days'  imprisonment  or  fine  of  $100,  or  both. 


128  SOCIAL    LAWS    OF    PENNSYLVANIA. 

Under  the  general  Act  of  1840,  hereafter  referred  to,  cripples  may 
be  licensed  as  street  vendors  by  the  Court  of  Quarter  Sessions  upon 
the  certificate  of  two  physicians. 

b.    IN    CITIES   OF   THE   SECOND   AND   THIRD   CLASSES. 

The  Act  of  June  10,  1881,  P.  L.  109  (Peddlers  24  to  26),  provides 
that  no  person  shall  peddle  produce  or  merchandise,  except  the  pro- 
ducer, within  the  limits  of  any  city  of  the  second  or  third  class  without 
first  taking  out  a  license.  The  penalty  for  so  doing  is  fixed  at  $50,  to  be 
recovered  before  the  mayor  of  the  city.  The  Act  must  be  accepted 
by  the  city  before  going  into  effect  in  such  city. 

The  City  of  Pittsburgh,  by  ordinance  of  July  1,  1885,  O.  B.  4,  page 
593,  accepted  the  Act  of  1881,  and  by  Ordinance  of  December  4,  1886, 
O.  B.  6,  page  47,  provided  that  licenses  to  vendors  be  issued  by  the  City 
Treasurer  on  payment  as  follows : 

For  each  first  class  license,  foot  peddler,  $10  a  year. 

For  each  second  class  license,  one-horse  vehicle,  $35  a  year. 

For  each  third  class  license,  two-horse  vehicle,  $50  a  year. 

Upon  such  payment,  the  Treasurer  shall  furnish  a  metal  plate 
marked  "Licensed  Vendor,"  to  be  placed  on  the  vehicle. 

By  the  Ordinance  of  November  18,  1887,  O.  B.  6,  page  200,  which 
was  enacted  into  a  statute  applying  to  the  whole  State  by  the  Act  of 
June  9,  1891,  P.  L.  250  (Peddlers  7  and  8),  licenses  are  issued  without 
cost  to  honorably  discharged  soldiers,  sailors  and  marines,  resident  in 
Pennsylvania,  who  are  unable  to  procure  a  livelihood  by  manual  labor. 
Such  right  is  to  be  proved  by  presenting  a  certificate  of  pension,  or,  if  no 
pensioner,  by  a  certificate  from  an  examining  surgeon  of  the  United 
States  and  a  certificate  from  the  Prothonotary  that  he  has  filed  an  affi- 
davit that  he  owns  the  goods  he  intends  to  sell  and  he  will  not  sell  the 
goods  of  any  other  person. 

The  Charter  Act  of  March  7,  1901,  P.  L.  20.  Art.  XIX,  §  3,  CI.  XXII 
(Cities  477),  gives  cities  of  the  second  class  the  right  to  regulate  and 
license  all  peddlers  and  street  vendors.  Under  this  power  the  City  of 
Pittsburgh  has  forbidden  "barking"  on  the  streets,  or  soliciting  trade  on 
the  streets,  under  the  summary  penalty  of  not  less  than  $5  fine  nor 
more  than  $100,  or  in   default  of  payment   imprisonment   in   jail   for 

thirty  days. 

The  general  statutes  of  1830  and  1840,  hereafter  referred  to,  are  in 
force  in  cities  of  the  second  and  third  classes. 

C.    IN   BOROUGHS  AND  TOWNSHIPS. 

Peddling  in  boroughs  and  townships  is  licensed  under  the  general 
statutes,  hereafter  referred  to,  and  under  the  Act  of  June  14,  1901,  P. 
L.  563  (Peddlers  11  to  15).  The  latter  act  authorizes  the  county  treas- 
urer to  issue  a  license  to  any  person  to  hawk,  peddle  or  sell  clothing,  dry 
goods,  notions,  crockery  and  tinware,  other  than  their  own  product,  for 
the  sale  of  which  no  license  is  required.  The  charge  is  $10  where  the 
peddling  is  done  on  foot,  without  a  conveyance,  and  $40  where  a  con- 


MISCELLANEOUS.  129 

veyance  is  used.  This  act  does  not  apply  to  disabled  soldiers  or  to 
cripples,  and  does  not  change  or  repeal  other  statutes.  Violation  of  the 
act  is  a  misdemeanor  punishable  by  fine  of  not  less  than  $100  nor  more 
than  $500,  or  imprisonment  in  jail  for  not  less  than  three  months  nor 
more  than  one  year,  or  both.  This  is  a  penal  statute,  requiring  indict- 
ment in  the  usual  method. 

Under  the  Borough  Act  of  April  3,  185 1,  P.  L.  320  (Peddlers  17), 
hawking  and  peddling  can  be  regulated  by  boroughs,  and  boroughs  may 
forbid  peddling  without  a  license. 

d.    GENERAL  STATUTES. 

Under  the  General  Acts  of  April  2,  1830,  P.  L.  147;  April  16,  1840, 
P.  L.  433;  May  5,  1841,  P.  L.  342;  March  28,  1799,  3  Sm.  L.  359;  May 
9.  1889,  P.  L.  150,  and  June  9,  1891,  P.  L.  250  (Peddlers  1  to  8,  16  and 
18),  the  court  of  Quarter  Sessions,  on  application  and  on  furnishing 
bond  for  $300,  if  satisfied  that  the  applicant  has  resided  one  year  in  the 
county,  that  he  is  a  man  of  honesty  and  good  moral  character  and  that 
"from  loss  of  limb  or  other  bodily  infirmity,"  he  is  disabled  from  pro- 
curing a  livelihood  by  labor,  which  disability  is  proved  by  two  physicians, 
or  that  he  is  an  honorably  discharged  soldier,  sailor  or  marine  of  the 
United  States,  may  issue  to  such  applicant  a  license  to  peddle  within  the 
county.  In  the  case  of  wholesale  peddlers,  the  license  is  good  all  over 
the  state,  but  they  must  pay  $40  for  a  one-horse  vehicle  and  $50  for  a 
two-horse.  Soldiers,  sailors  and  marines  are  exempted  from  payment, 
but  other  licensees  pay,  for  a  license  to  travel  on  foot,  $8;  with  one 
horse,  $16;  with  two  horses,  $25.  Lending  the  license  or  peddling  with- 
out a  license  subjects  the  offender  to  the  summary  penalty  of  $50,  to  be 
recovered  by  any  person  who  shall  sue  for  the  same. 

Under  the  Act  of  February  6,  1830,  P.  L.  39  (Peddlers  9  and  10), 
licenses  to  peddle  any  kind  of  tin  or  japanned  ware  or  clocks  may  be  ob- 
tained by  any  person  of  good  moral  character,  on  payment  of  $30,  from 
the  clerks  of  the  courts  of  Quarter  Sessions  of  the  respective  counties. 
The  penalty  for  peddling  without  a  license  under  this  Act  is  $50,  to  be 
recovered  by  summary  process,  one-half  of  the  penalty  to  go  to  the  in- 
former and  the  other  half  to  the  county. 


LIST  OF  STATUTES 


1713 
1724 
1771 
1772 
1799 
1803 
1804 
1810 
1812 
1817 
1819 
1826 
1830 

1832 
1833 
1834 

1836 


1840 
1841 
1842 

1845 

1847 
1848 

1849 
1850 
1851 


1853 

1854 
1855 


1856 
1857 


PAGE 

March  27,  1  Sm.  L.  81 109      1858 

March  20,  I  Sm.  L.  164 101       i860 

March  9,  1  Sm.  L.  332 37 

March  21   9^ 

March  28,  3  Sm.  L.  359 129 

March  29,  4  Sm.  L.  65 34       1862 

April  3,  4  Sm.  L.  201 98       1863 

March  20,  5  Sm.  L.  162 97       1867 

March  31,  5  Sm.  L.  392 34      1869 

February  26,  6  Sm.  L.  405 28 

February  8,  7  Sm.  L.  150 10 1 

March  23,  P.  L.  133 20 

February  6,  P.  L.  39 129       1870 

April  2,  P.  L.  147 I29 

March  29,  P.  L.  190 20;  118       1872 

April  8,  P.  L.  249 »S 

February  24,  P.  L.  70 "8       1873 

April  15,  P.  L.  509 98 

June  13,  P.  L.  539 3o;3i;  1874 

33;  34;  37;  38;  395  42;  109 

June  13,  P.  L.  568 100 ;  101 

June  13,  P.  L.  589- • -45;  47;  124 

June  16,  P.  L.  729 29       1875 

June  16,  P.  L.  755 97;  100       1876 

April  16,  P.  L.  433 I29 

Mav  5,  P.  L.  342 129 

July  12,  P.  L.  339 I0° 

April  14,  P-  L-  440 47 ;  49 

April  15,  P.  L.  455 28 

February  27,  P.  L.  178 22       1878 

April  11,  P.  L.  532 34 

April  ii,  P.  L.  536 113 

April  9,  P.  L.  533 97 \  98      1879 

April  22,  P.  L.  538 21 

March  18.  P.  L.  199 21 

April  3,  P.  L.  320 129      1881 

April  14,  P.  L.  612 114;  116 

April  7,  P.  L.  341 51 

April  14,  P.  L.  418 33 

Mav  8,  P.  L.  663 "ii  I24 

April  26,  P.  L.  328 115 

May  4,  P.  L.  430,  1883 

11;  113;  114;  US 

March  31,  P.  L.  200 125 

April    15,   P.   L.   191 31 

May  12,  P.  L.  454 I09 

May  14,  P.  L.  507 29;  in 

(131) 


PAGE 

May  28,  P.  L.  622 125 

March  31,  P.  L.  382, 

28;  45;  73  5  75  5  92;  101;  in 
March  31,  P.  L.  427, 

29;  46;  75;  90;  91;  92 

April  11,  P.  L.  430 28 

April  22,  P.  L.  539 50 

April  13,  P.  L.  78 25 

April  15,  P.  L.  75 25 

April   17,  P.  L.  69 99 

April  20,  P.  L.  20 44 

April  24,  P.  L.  90 35 

February  23,  P.  L.  214 7 

March  4,  P.  L.  35 99 

April  2,  P.  L.  31 19 

April  3,  P.  L.  35 114 

March  27,  P.  L.  54 50 

August  14  P.  L.  1874  P.  333- ■   50 

May  7,  P.  L.  119 36 

May  8,  P.  L.  120 95 

May  14,  P.  L.  145 100 

May  14,  P.  L.  160 47 

April  12,  P.  L.  40 125 

April  27,  P.  L.  47 50 

May  5,  P.  L.  121 50 

May  8,  P.  L.  139 95 

May  8,  P.  L.  149 37 

May  8,  P.  L.  154 39 

May  13,  P.  L.  171 99 

May  18,  P.  L.  63 37 

May  25,  P.  L.  152 109 

June  12,  P.  L.  207 95 

April  30,  P.  L.  33 41 

June  4,  P.  L.  84 109 

June  11,  P.  L.  142 1;  18;  19 

Mav  10,  P.  L.  12 6 

June  8,  P.  L.  63 21 

June  8,   P.  L.  83 50 

June  10,  P.  L.  06 ..115 

June  10,  P.  L.  109 128 

June  10.  P.  L.  in 7 

May  8,  P.  L.  21 44  J  49 

June  13,  P.  L.  100 41 

June  13,  P.  L.  ill 18;  47 

June  13,  P.  L.  112 108 

June  13,  P.  L.  119 43 

June  20,  P.  L.  125 108 


132 


TABLE  OF  STATUTES. 


PAGE 

1885     May  13,  P.  L.  17 42 

May  28,  P.  L.  27 3;  5;  6 

June  1,  P.  L.  37 57 

June  24,  P.  L.  158 99 

June  25,  P.  L.  167 126 

June  30,   P.  L.  202 104 

1887     March  4,  P.  L.  4 99 

April  28,  P.  L.  63 22 

May  13,  P.  L.  108 5 ;  123 ;  125 

May  19,  P.  L.  128 4 

May  23,  P.  L.  168 109 

May  25,  P.  L.  264 115 

May  25,  P.  L.  265 127 

1889     April  4,  P.  L.  23 95;  99 

May  9,  P.  L.  150 129 

Ma^  23,  P.  L.  277 70 

1891     April  15,  P.  L.  17 127 

May  12,  P.  L.  54 95 

June  9,  P.  L.  250 128;  129 

June  22,  P.  L.  379 50 

1893     May  10,  P.  L.  39 46 

May  11,  P.  L.  41 106 

June  3,  P.  L.  289 51 

June  8,  P.  L.  343 115 

June  8,  P.  L.  344 113;  114 

June  8,  P.  L.  399 17 

1895     June  18,  P.  L.  202 1 10 

June  18,  P.  L.  203 71 

June  25,  P.  L.  269 27 

June  25,  P.  L.  282 99 

June  26,  P.  L.  316 10 

June  26,  P.  L.  350 65 

June  26,  P.  L.  377 39 

Tune  26,  P.  L.  388 47 

July  2,  P.  L.  428 72 

1897     April  29,  P.  L.  36 43 

May  19,  P.  L.  77 58;  73 

May  25,  P.  L.  93 6;  124 

June  15,  P.  L.  162 48 

June  18,  P.  L.  170 108 

1899     March  22,  P.  L.  15 15;  17 

April  13,  P.  L.  46 109 

April  28,  P.  L.  89 108 

April  28,  P.  L.  117 99 

April  28,  P.  L.  122 108 

May  2,  P.  L.  164 65 

May  2,  P.  L.  173 26 

May  5,  P.  L.  247 7 

1901     March  7,  P.  L.  20 67;  128 

May  2,  P.  L.  1 1 1 7 

May  11,  P.  L.  158 21 

May  11,  P.  L.  162 124 

May  1 1,  P.  L.  187 22 

May  16,  P.  L.  220 3 

May  16,  P.  L.  224 70 

June  4,  P.  L.  431 96 

June  7,  P.  L.  493 65 

June  14,  P.  L.  562 119 

June  14,  P.  L.  563 128 

June  24,  P.  L.  597 in 


1901 


1903 


1905 


1907 


1909 


PAGE 

July  2,  P.  L.  601 16 

July  2,  P.  L.  606 19 

July  10,  P.  L.  638 6 

July  18,  P.  L.  737 51 

February  26,   P.  L.  8 36 

March  6,  P.  L.  18 42 

March  13,  P.  L.  26 27 

March  25,  P.  L.  54 66 

March  26,  P.  L.  66 18 

March  27,  P.  L.  83 16 ;  21 

March  27,  P.  L.  103 42 

April  3,  P.  L.  137 16 

April  3,  P.  L.  138 71 

April  8,  P.  L.  155 57 

April  11,  P.  L.  166 106 

April  15,  P.  L.  208 16 

April  16,  P.  L.  211 46 

April  22,  P.  L.  244 71 

April  22,  P.  L.  256 124 

April  23,  P.  L.  274 13;  18 

May  13,   P.  L.  359 104 

May  15,  P.  L.  446 51 

March  24,  P.  L.  58 no 

March  31,  P.  L.  92 38 

April  6,  P.  L.  112 25;  30;  39 

April  18,  P.  L.  211 112 

April  18,  P.  L.  212 7 

April  18,  P.  L.  213 5;  81 

April  20,  P.  L.  228 57 

April  22,  P.  L.  260 55 

April  22,  P.  L.  297 11;  19 

April  27,  P.  L.  312 53 

May  1,  P.  L.  330 54 

May  2,  P.  L.  352 105 

May  4,  P-  L.  385 55 

May  11,  P.  L.  400 51 

May  11,  P.  L.  518 22 

Mav  31,  P.  L.  331 25 

March  5,  P.  L.  6 25 

April  15,  P.  L.  91 23 

April  26,    P.   L.   123 57 

Mav  7,   P.  L.   170 38 

May  14,  P.  L.  197 55 

May  23,  P.  L.  201 96 

May  23,  P.  L.  227 32 

May  2S,  P.  L.  247 108 

May  28,   P.  L.  28^ 38 

Mav  28,  P.  L.  288 46 

Mav  28,  P.  L.  292 48 

May  29,  P.  L.  317 4 

May  29,  P.  L.  318 4 

May  31,  P.  L.  331 16;  30 

June  7,  P.  L.  429 29 

June  7,  P.  L.  438 15 

June  7.  P.  L.  441 58 

June  8,  P.  L.  503 73 

March  18,  P.  L.  48 89 

March  24,  P.  L.  59 4 

March  24,  P.  L.  62 20 

April  1,  P.  L.  83 64 


TABLE  OF  STATUTES. 


133 


PAGE 

1909     April  1,  P.  L.  87 114;  n6 

April  1,  P.  L.  89 13 

April  22,  P.  L.  113 17 

April  22,  P.  L.  119 13;  15 

April  23,  P.  L.  169 82 

April  27,   P.  L.   182 32 

April  27,  P.  L.  211 5 

April  27,  P.  L.  237 57 

April  27,  P.  L.  260 25 ;  90 

April  29,  P.  L.  274 23 

April  29,  P.  L.  283 102 

May  1,  P.  L.  302 23 

May  I,  P.  L.  306 4 

May  1,  P.  L.  307 38 

May  1,  P.  L.  375 103 

May  3,   P-  L.  407 99 

May  3,  P.  L.  423 99 

May  6,  P.  L.  434 IS 

May  6,  P.  L.  443 80 

May  8,  P.  L.  466 81 

May  8,  P.  L.  487 89 

May  10,   P.  L.  495 92 

May  11,  P.  L.  516 72 

May  14,  P.  L.  840 65 ;  70 

May  14,  P.  L.  855 55;  575  71 

1911     March  15,  P.  L.  18 23 

April  13,  P.  L.  64 87 

April  20,  P.  L.  66 42 

April  29,  P.  L.  103 65 

May  5,  P.  L.  177 11 

May  5,  P.  L.  178 80 

May  5,  P.  L.  198 25 

May  10,  P.  L.  205 51 

Mav  11,  P.  L.  262 23 

May  11,  P.  L.  268 14 

May  11,  P.  L.  270 17;  18 

May  11,  P.  L.  273 93 

May  18,  P.  L.  309 8;  72 

June  1,  P.  L.  539 19 

June  1,  P.  L.  542 8 

June  1,  P.  L.  543 13 

June  1,  P.  L.  554 8 

June  3,  P.  L.  631 114 

June  3,   P.  L.  649 38 

June  3,  P.  L.  654 80 

June  7,  P.  L.  671 7 

June  7,  P.  L.  673 106 

June  7.  P-  L.  676 17 

June  7,  P.  L.  680 58 

June  7,  P.  L.  698 88 

June  9,  P.  L.  746 106 

June  9,  P.  L.  832 102 

June  9,  P-  L.  833 83 

June  9,  P.  L.  836 15 

June  9.  P.  L.  854 5 

June  9,   P-  L-  855 49 

June  9,  P.  L.  862 51 

June  14,  P.  L.  928 8 

June  15,  P.  L.  959 13;  29 

June  15,  P.  L.  973 32 

June  15,  P.  L.  983 103 


1911 


1913 


PAGE 

June  19,  P.  L.  1055 83;  92 

June   19,  P.  L.   1059 93 

June  20,  P.  L.  1090 51 

June  21,  P.  L.  mi 38 

March  27,  P.  L.  14 114 

April  15,  P.  L.  69 102 

April  15,  P.  L.  72 25;  26;  96 

April  22,  P.  L.  Ill    38 

April  24,  P.  L.  114 107 

April  29,  P.  L.  118 11 

May   1,   P.  L.    134 56 

May  1,  P.  L.  146 114 

May  1,  P.  L.  148 49 

May  1,  P.  L.  149 35 

May  8,  P.  L.  161 83 

May  8,  P.  L.  177 17;  30 

May  9,  P.  L.  186 86 

May  9,   P.  L.   198 6 

May  19,  P.  L.  222 83 ;  90 

May  19,  P.  L.  223 81 

May  20,  P.  L.  240 73 

May  20,  P.  L.  246 6 

May  20,   P.  L.  262 23 

May  20,   P.  L.  263 23 

May  23,  P.  L.  305 42 

May  23,   P.  L.  335 93 

June  2,  P.  L.  396 107 

June  4,  P.  L.  405 96 

June  5,  P.  L.  429 126 

June  5,  P.  L.  434 71 

June  5,  P.  L.  441 73 

June  5,  P.  L.  443 56 ;  73 

June  6,  P.  L.  452 36 

June  7,  P.  L.  462 80 

June  11,  P.  L.  468 25;  27 

June  12,  P.  L.  471 70 

June    12,    P.   L.   476 65 

June  12,  P.  L.  481 84 

June   12,  P.  L.  494 51 

June  12,  P.  L.  502 25;  26;  30 

June  19,  P.  L.  528 87 

June   19,   P.  L.  532 93 

June  25,  P.  L.  544 58 

June  25,  P.  L.  564 38 

July  12,  P.  L.  711..  10;  13;  25;  30 

July   19,   P.  L.  862 102 

Julv  21,  P.  L.  867 32 

July  21,  P.  L.  870 16 

July  22,   P.   L.  879 58;  61 

July  22,  P.  L.  901 127 

July  22,  P.  L.  913 73\  80 

July  24,   P.   L.    1013 no 

July   24,   P.   L.    1015 54 

Julv  25,  P.  L.  1024 104 

July  25,   P.   L.    1039 13;  14 

July  25,  P.  L.  1041 58 

Julv  25,  P.  L.  1042 57 

July  25,  P.  L.  1319 52 

July  26,   P.   L.   1363 107 

July  26,  P.  L.  1369 77 


INDEX 


PAGE 

Abandonment  of  Children. 

In  destitute  circumstances    4 

Wilful  neglect  I 

Abatement  of  Nuisances. 

In  Philadelphia  58 

In   Pittsburgh    67 

In  third-class  cities   7° 

Abduction.     (See  Kidnapping.) 

Abortion    75 

Abuse  of  Children  1 

Accessories    /6 


PAGE 

Animals. 

Work  hours  of   73 

Annulment  of  Marriage.     (See  Di- 
vorce.) 

Appointment  of  Guardians. 

For   children    20 

For  weak-minded  persons    48 

Testamentary    guardians    20 


Apprentices 


109 


Arbitration     in     Labor     Disputes. 

(See  Mediation  and  Arbitra- 
tion,  Bureau  of.) 


Administering  Narcotics    76      Arrest. 

In  criminal  cases 


90 


Administrators.      (See   Executors   and 
Administrators.) 

Adoption. 

In  general  *9 

Under  Child  Protection  Law   3 


In  non-support  cases   26 

In  non-support  cases    32 

For  debt    100 

Of  insane,  for  crime  46 

Arson    76 

Assault  and  Battery   76 

Adultery.  Asylums  for  Insane    49 

As  cause  of  divorce   Ill 

As  ground  for  alimony   28      Attachment  of  Wages.     (See  Wages.) 

Crime  of  76 


Adulteration  of  Food   76 


Incestuous    m 

Adult    Probation    92 

Aged  Parents,  Support  of  27 

Age  of  Consent.     (See  Rape.) 

Aggravated  Assault  and  Battery..    76 

Aliens.     (See  Deadly  Weapons;  Immi- 
gration;   Naturalization.) 

Alimony. 

As  method  of  obtaining  support..  28 


Attempt  to  Commit  Crime  77 

Bail  Piece  92 

Bail,  Right  to    90 

Barbers,  Health  Rules  for   57 

Basements. 

In  Philadelphia   63 

In    Pittsburgh    66 

Bastards. 

Concealing  death  of,  a  crime...  77 

Legitimation    of    29 

Maintenance    of    28 


Allentown  Homeopathic  Hospital  for 

Insane     51      Battery.     (See  Assault  and  Battery.) 

135 


1 36 


INDEX. 


PAGE 

Bawdy  Houses,  Keeping  77 

Bed  and  Board,  Divorce  from....  112 
Beggars.     (See  Vagrants.) 

Begging. 

By   children    1 

Vagrants     39 

Bench   Warrants    101 

Bequests.     (See  Wills.) 

Bigamy. 

As  cause  of  divorce   in 

Crime    of    78 

Birth  Statistics  54 

Blackmailing     78 

Blasphemy    78 

Blindness. 

Prevention  of,  Act  of   191 1 8 

Prevention  of,  Act  of  1913 73 

Blind  Persons. 

May  be  committed  as  vagrants..   39 

Boarding  Houses. 

For   infants   under   three    5 

Power   of   State    Department   of 
Health  over   54 

Boarding  of  Infants   5 

Board  of  Charities.     (See  State  Board 
of   Public    Charities.) 

Board  of  Health.     (See   State   Board 
of  Health.) 

Bonds   of   Matrimony,    Divorce 

from    in 

Boroughs. 

Peddlers     128 

Public    health    70 

Breach  of  the  Peace.     (See  Surety  of 
the    Peace.) 

Breaking  and  Entering.     (See   Burg- 
lary.) 

Bribery    78 

Buggery     89 


PAGE 

Bureau  of  Statistics  and  Informa- 
tion     107 

Burglary    78 

Burial  of  Paupers   42 

Burials,  Permits  in  Philadelphia. .   57 

Carrying  Weapons.     (See  Deadly 
Weapons.) 

Cess-pools,  in  Second  Class  Cities,  65 

Charitable  Associations. 
Special   police  for    126 

Charities,  Board  of.    (See  State  Board 
of  Public  Charities.) 

Cheating    78 

Child  Labor. 

General   act    102 

In  coal  mines   103 

Children.      (See    Protection    of    Chil- 
dren.) 

Adoption,  in  general  19 

Adoption,  when   deserted    3 

Blindness,  prevention  of    8,  73 

Boarding    of     5 

Child   labor  laws    102 

Commitment  outside  of  state...    17 
Commitment    to    charitable    so- 
cieties         17 

Commitment     to     guardians     of 

poor     3 

Custody    of     10 

Delinquent,     held     for     Juvenile 

Court    2 

Deserted,  may  be  adopted   3 

Desertion   of    24 

Detention  by  poor  authorities..    18 

Explosives     7 

Extradition  for  desertion  of....   27 
Federal    Courts   may   commit   to 

state    institutions    15 

Insane,  may  be  retained  in  alms- 
houses        47 

Institutions    for    20 

Juvenile    Courts     13 

Labor    laws    102 

Maintenance  of,  under  court  or- 
der         16 

Mothers'  pensions ir 

Non-support  act    25 

Prostitution   of    3 

Protection    from    injurious    sam- 
ples          7 


INDEX. 


137 


PAGE 

Children.     (See  Protection  of  Chil- 
dren.)— Continued. 

Protection  from  pool  rooms   ...  7 

Protection   of,  in   general    I 

Public    performing     3 

Rules  of   Inheritance    II() 

Sale  of  liquor  to,  forbidden    ...  5 

Sale  of  tobacco  to,  forbidden   ..  0 

School    attendance    .•  •  •  8 

Search    warrant    for,    when    im- 
properly   employed    -•  ••  2 

Sending  to  house  of  prostitution, 

forbidden     4 

Settlement   of    39 

Taking  for  sexual   intercourse..  4 

Traffic  or  trading  in,  penalty  ...  5 

Vaccination     7* 

Cigarettes.     (See  Tobacco  and  Cigar- 
ettes.) 

Cities  of  First  Class. 

Boarding  of  infants  in   5 

Burial    permits    57 

Health    laws    57 

Peddlers     I27 

Tenement  and  Housing  laws   . .   5« 

Cities  of  Second  Class. 

Cess-pools     05 

Department  of  Health   04 

Peddlers     "» 

Plumbing 05 

Tenement  and  housing  laws    . .  .   00 

Cities  of  Third  Class. 

Abatement  of  nuisances    70 

Boarding  of  infants  in   5 

Peddlers     I28 

Public    health    70 

Citizenship.     (See  Naturalization.) 

Cocaine,   Sale  of    89 

Collateral  Heirs   IX7 

Collection  of  Debts. 

Attachment  of  wages   95 

Claims  for  wages  95 

Distress  for  rent    • 90 

Exemption  from  execution   9° 

Federal    Employers'    Liability 

Act     94 

Imprisonment    for    debt    100 

Landlord  and  tenant   90 

Mechanics'    liens    90 

Priority  of  rent  claims  97 

Stay  of  execution    99 

Taxes,  liability  of  tenants   9° 

Wages    95 


PAGE 

Workmen's      Compensation,      in 

general     94 

Committee  in  Lunacy  47 

Common  Drinking  Cup   57 

Common  Schools.     (See  Public 
Schools.) 

Common  Scolds   79 

Common  Towel    57 

Compounding   Crimes    . .  -  T.fr. . :  •'  79 

Compulsory  Attendance    8 

Concealed  Weapons   81 

Concealing  Birth  or  Death  of  Bas- 
tard     77 

Concealment  of  Property  101 

Confinement  of  Habituals 46 

Confinement  of  Insane. 

By  court  proceedings   47 

By  voluntary   consent    4° 

When  arrested  for  crime   47 

Without  court  action   44 

Consanguinity,  Degrees  of  IXI 

Consent,  Age  of.     (See  Rape.) 

Conspiracy. 

Crime    of    79 

To  imprison  as  insane   45 

Consumptives.     (See  Tuberculosis.) 

Contagious  Diseases. 

Reporting  of    55 

Contempt  of  Court. 

Act  providing  for  arrest   32 

In    non-support    cases    20 

Contributing  to  Delinquency  15 

Contributory  Negligence   94 

Conviction  of  Crime  9* 

Convict  Labor    Io8 

Costs. 

In  Juvenile  Court  cases   T5 


138 


INDEX. 


PAGE 


Counterfeiting     79      Degrees  of  Consanguinity   in 

Delinquent  Child,  Definition   13 


Counties. 

May  recover  support  from  par- 
ents    30 

Mothers'  pensions   n 

Payment  of  maintenance  by   ...    14 
Schools  for  boys    23 

Crime,  as  Cause  of  Divorce   112 

Crimes,  Alphabetical  List  of 75 

Criminal   Insane,   Hospital   for,  at 

Fairview,  Wayne  County   ..   51 

Criminal  Procedure  90 

Cruel  and  Barbarous  Treatment. 

As  cause  of  divorce 112 

As  ground  for  alimony    28 

Cruelty. 

To    animals    79 

To   children    1 

To    infants    80 

Cursing.     (See  Blasphemy.) 

Curtesy.     (See   Dower  and   Curtesy.) 

Custody  of  Children  10 

Cutting.     (See   Mayhem.) 

Danville  Hospital  for  Insane   ....   50 

Dangerous  Machinery.     (See  Factory 
Laws.) 

Dead  Animals.     (See  Public  Health.) 

Dead  Human  Bodies.     (See  Burial  of 
Paupers.) 

Deadly  Weapons    81 

Dealing  in  Infant  Children 81 

Death   Statistics    54 

Debts,  Collection  of   94 

Decedents. 

Debts   of    118 

Executors  and  Administrators  ..118 

Intestacy     116 

Wages  owing  to   96 

Widow's  exemption    114,  116 

Wills    115 


Department  of  Health. 

Of   Philadelphia 57 

Of  second  class  cities    64 

Of   State    53 

Department  of  Labor  and  Indus- 
try     107 

Dependent  Child,  Definition 13 

Deportation.      (See   Immigration.) 

Descent  and   Distribution.      (See    In- 
testacy.) 

Desertion.     (See  Desertion  and  Non- 
support.) 

As  cause  of  divorce   112 

As  ground  for  alimony   28 

Desertion  and  Non-Support. 

Act  of  1867  25 

Alimony     28 

Arrest   for  contempt    26,  32 

Civil  suit  for    32 

Counties  may  be  ordered  to  sup- 
port    30 

General  list  of  laws   24 

Introduction    to     24 

Misdemeanor  act  of  1903   27 

No  exemption  in  suit  on  bond..  98 

Of   aged   parents    27 

Of    grand-children     30 

Of  grand-parents    30 

Of  illegitimate  children   28 

Orders  made  by  Juvenile  Courts,  29 

Poor  law  provisions   33 

Sixty-five  cents  a  day  law 26 

Suits  for  necessaries  33 

Devises.     (See  Wills.) 

Diseases,   Contagious    55 

Disorderly  Conduct    81 

Disorderly   Houses    81 

Distress  for  Rent  96 

Disturbing   Public   Assemblies    ...  81 

Divorce. 

Alimony     28 

Causes  of   in 


INDEX. 


139 


PAGE 


PAGE 


Dixmont  Hospital  for  the  Insane. .  49 

Domicile.     (See  Settlement.) 

Dower  and  Curtesy. 

Decedents     n5 

Married   women    iJ3 

Drunkards.       (See     Liquors;     Mental 
Defectives.) 

Duelling    82 

Eating   Utensils    57 

Education.      (See   Public   Schools.) 

Elwyn,  Training  School  for  Idiotic 
and  Feeble-minded  Chil- 
dren       51 

Embezzlement    82 

Embracery     82 

Employers'  Liability  94 

Employment  Certificates    103 

Employment  of  Children. 

As  acrobats,  forbidden  I 

As   contortionists,   forbidden    ...  1 

As   gymnast,   forbidden    1 

Child   labor   laws    102 

In   begging    * 

In    dancing    ....... 2 

In   obscene   exhibitions    1 

In  public   exhibitions    2 

In  rope  walking,  forbidden    ....  1 

In    singing     .•••  2 

In   underground  works  or  mine,  2 

Employment  of  Females    104 

Epileptics.     (See   Mental   Defectives.) 

Escape   of   Prisoners    82 

Estate  by   Entireties. 

Sale  of,  in  desertion  cases 27 

Executions. 

Exemption    from    9° 

Priority  of  rent  claims  97 

Stay    of    99 

Executors  and  Administrators    ...118 
Exemction  from  Execution    98 


Exemption,  Widow's    114 

Exhibiting    Insane    or     Deformed 


Persons 


83 


Explosives. 

Sales  to  children,  forbidden   7 

Exposure   of   Person    85 

Extortion    83 

Extradition. 

In  desertion  cases    27 

In    general    91 

Factory  Laws    105 

Fairview  Hospital  for  Criminal  In- 
sane        5 l 

False  Alarms   83 

False  Pretences   83 

False  Swearing.    (See  Pejury.) 

Fast  Driving    84 

Fathers. 

Duty   to   support   children    24 

Federal  Courts. 

Maintenance  of  children  in  state 
institutions     •_••    l& 

May  cmmit  minors  to  state  in- 
stitutions        *5 

Federal  Employers'  Liability    94 

Feeble-minded  Persons.     (See  Mental 
Defectives.) 

Fellow  Servant  Rule    94 

Felonious  Assault    77 

Female    Labor    104 

Feme  Sole  Trader   1 14 

Firecrackers.      (See    Explosives.) 

Food,  Adulteration  of    76 

Forcible  Entry  and  Detainer  84 

Forgery     84 

Fornication  and  Bastardy    28 


140 


INDEX. 


PAGE 

Fornication,  Incestuous   1 1 1 

Fortune  Telling   84 

Fraud,     Force     or     Coercion,     as 

Cause  of   Divorce    112 

Frauds    84 

Fugitives    84 

Funeral    Expenses.      (See    Burial    of 
Paupers.) 

Gambling     85 

General  Labor  Regulations   105 

Girard   College    22 

Girl. 

Enticing  into  commonwealth  for 
prostitution,    forbidden     4 

Grand-children    and    Grand-parents. 

Support  of,  in  general    30 

Support  of,  under  Poor  Law    . .   34 

Guardians. 

Appointment  of,  in  general    ....   20 
Consent  to  fnarriage  of  minor  ..no 

Of  weak-minded  persons    48 

Testamentary     115 

When    child    protection    law    is 
violated     2 

Habeas  Corpus. 

To  release  person  imprisoned  as 
insane     45 

Habitual     Drunkards.       (See     Mental 
Defectives.) 
Sales  of  liquor  to    124 


Hard  Labor. 

In  desertion  cases 


26 


Hawkers.     (See  Peddlers.) 

Health.     (See  Public  Health.) 

Hindering  Witnesses    90 

Homicide     87 

Homoeopathic  Hospital  for  Insane 
at  Allentown    51 


PAGE 

Work    hours   of    73 

Hospital  for  Insane  for  Southeast- 
ern Pennsylvania    50 

Hospitals  for  Insane. 

Allentown,   Homeoepathic    51 

Danville     50 

Dixmont     50 

Elwyn,  Delaware  County   51 

Fairview,  Wayne  County    51 

Harrisburg     49 

Norristown     50 

Polk,   Venango   County    51 

Spring   City,   Chester   County    . .  51 
Village    for    feeble-minded    wo- 
men       52 

Warren     50 

Wernersville     50 


House  of  Correction. 

Vagrants  committed  to 


39 


House  of  Prostitution,  Keeping..   77 

House  of  Refuge,  Philadelphia   . .   20 

Housing. 

Bureau  of,  in  State  Department 

of   Health    54 

In    Pittsburgh    66 

Philadelphia   regulations    58 

Pittsburgh    ordinances    67 

Hucksters.     (See  Peddlers.) 

Huntingdon    21 

Husbands.     (See  Married  Women.) 
Duty  to  support  wives    24 


Hydrophobia. 

Free  treatment  for 


38 


Idiots.     (See  Mental  Defectives.) 


Horses. 

Cruelty    to 


79 


Illegitimate  Children. 

Inheritance    of    118 

Legitimation    of    in 

Settlement    of    38 

Support  by  mother    34 

Support    for    28 

Immigration    120 

Impotency,  as  Cause  of  Divorce.,  in 

Imprisonment  for  Debt. 

Pench    warrants    101 

By    capias    100 


INDEX. 


141 


PAGE 

Incest    Hi 

Incitement  to  Riot.     (See  Disturbing 
Public    Assemblies.) 

Incorrigible  Child,  Definition   13 

Indecency    85 

Indecent  Exposure    85 

Indigent.     (See  Poor  Law.) 

Indignities  to  Person. 

As  cause  of  divorce    112 

As  ground  for  alimony   28 

Industrial    Board 107 

Infants.     (See  Children.) 

Boarding    of,    in    cities    of    first 

class     5 

Prevention  of  blindness   8 

Traffic  or  trading  in,  penalty...  5 

Under  three,  boarding  of    5 

Inheritance,    Rules    of.      (See    Intes- 
tacy.) 

Insanity.     (See  Mental  Defectives.) 
Not  ground  for   divorce    112 

Insolvency    85 

Institutions  for  Children. 

County  schools  for  boys   23 

Girard    College    22 

House  of  Refuge,  Philadelphia..  20 

Huntingdon     21 

Morganza    21 

Philadelphia        Protectory        for 

Boys     22 

Thaddeus       Stevens      Industrial 

School     22, 

Interest.     (See   Loan  Companies.) 

Interference  With  Employees   ....  85 

Intestacy    116 

Intoxicating  Liquors.     (See  Liquors.) 

Judgments. 

Stay  of  execution  upon    99 

Juror,   Corruption  of    82 

Juvenile  Courts. 

Laws  relating  to   13 


PAGE 

Maintenance  of  children  at  pub- 
lic  expense    16 

Maintenance  of  children  outside 
of  state   17 

Support  orders  made  by   29 

Juveniles.     (See  Children.) 

Keeping  Bawdy  House    77 

Keeping  the   Peace.     (See   Surety   of 
the  Peace.) 

Kidnapping     85 

Labor    and    Industry,    Department 

of    107 

Labor  Laws. 

Apprentices     109 

Child  labor    102 

Contract   labor   forbidden    108 

Convict    labor    108 

Department  of  Labor  and  In- 
dustry      107 

General  labor  regulations   104 

Women's    Labor    104 

Landlord  and  Tenant. 

Distress   for  rent    96 

Exemption   laws    98 

Illegal  distress   97 

Liability  of  tenants  for  taxes  ...   98 

Recovery    of   possession    98 

Waiver  of  exemption   97 

Larceny    85 

Legitimation    29 

Lessee,   Liability  for  Taxes    98 

Libels    86 

Licenses. 

For  boarding  children    ..... 5 

Liquor     123 

Loan   companies    126 

Lodging    houses    72 

Marriage     no 

Midwife     73 

Of   boarding    houses    for   infants 

in  cities  of  first  class  5 

Peddlers    127 

Plumbers,    Philadelphia 58 

Sale  of  meat  in  Philadelphia,    . .   57 
Tenements.   Philadelphia   58 

Liquors. 

Civil   actions   against  licensees. .  124 


142 


INDEX. 


PAGE 

Liquors. — Continued. 

Habitual  drunkards   124 

Protection  of  children  from 5 

What  sales  forbidden   123 

Loan  Companies  125 

Loans  on  Wages  96 

Lodging  Houses. 

Licensing  of,  in  cities    72 

Power   of    State    Department   of 
Health   over    54 

Lotteries     86 

Lunatics.     (See  Mental  Defectives.) 

Maiming.     (See  Mayhem.) 

Maintenance.       (See     Desertion     and 
Non-Support.) 

Civil   suit  for    32 

Of  children,  by  counties    17 

Of  children,  under  Court  order,  16 
Of  wives  and  children  24 

Malicious  Desertion.    (See  Desertion; 
Desertion  and  Non-support.) 

Malicious    Mischief    86 

Malpractice.     (See  Abortion.) 

Manslaughter    87 

Marriage. 

Common   law no 

Degrees   of   consanguinity    in 

Licenses    no 

Married  Women. 

Cannot  become  surety    113 

Custody  of  children   10 

Disabilities    of    113 

Feme   sole   trader    114 

Imprisoment  for  debt  forbidden,  114 

May  sue  husband   1 14 

Privileges    of    113 

Separate    earnings    of    114 

Settlement    of    38 

Suit  for  necessaries   113 

Widow's    exemption    114 

Master    and    Servant.       (See    Work- 
men's Compensation.) 

Mattresses     56 

Mayhem    86 


PAGE 

Meat,  Sale  of,  in  Philadelphia   ...   57 

Mechanics'    Liens     96 

Mediation  and  Arbitration,  Bureau 

of    108 

Medical  Care  for  Indigent  38 

Mendicants.        (See      Begging;      Va- 
grants.) 

Mental    Defectives.      (See    Hospitals 
for  Insane.) 

Appointment  of  guardians    48 

Arrest  of,  for  crime  *6 

Children   may  be   supported  out 

of   estates   of    48 

Committees    47 

Confinement  of  habituals    46 

Confinement  of  insane    44 

Control  of  property  of  48 

Discharge   by   habeas   corpus    . .   45 
Discharge     by     order     of     Com- 
mittee on  Lunacy   45 

Discharge   of    48 

Epileptics    48 

General  act    ■ 47 

Guardians   for   weak-minded    ...  48 

State    institutions     49 

Supervision  of  asylums    49 

Under  Poor  Law   47 

Voluntary  confinement    46 

Weak-minded   persons    48 

Midwifery. 

Licenses     73 

Milk,  Sale  of. 

Health  rules  to  be  observed   ...   56 
In    Philadelphia     57 

Minors.      (See   Children.) 

Misrepresenting    age    to    obtain 
liquor    6 

Mischief.      (See    Malicious    Mischief.) 

Morganza     21 

Mothers'  Pensions   n 

Murder  and  Manslaughter   87 

Naturalization    122 

Necessaries. 

Suit  for,  at  common  law  33 

Suit  for,  under  act  of  1848   .....113 


INDEX. 


143 


PAGE 

Neglected  Child,  Definition   13 

Negligence     94 

Next  of  Kin.     (See  Intestacy.) 

Non-support.  (See  Desertion  and 
Non-support.) 

Norristown  Hospital  for  Insane.  (See 
Hospital  for  Insane  for  South- 
eastern Pennsylvania.) 

Nuisances. 

Abatement  of,  in  Philadelphia..    58 

As   crimes    87 

Forbidden     73 

Illegal   sales  of  liquor    125 

In  cities  of  the  first  class  58 

In  cities  of  the  second  class  ....  65 

Obscenity. 

As    a    crime    87 

Employment   of  children   in    . .  .      I 

Opium. 

Where   smoked,  children  forbid- 
den         4 

Pandering    88 

Parent  and  Child.  (See  Children; 
Custody  of  Children.) 

Parole. 

Adult   probation    92 

Violation  of,  by  child   15 

Pasteur  Treatment  38 

Paupers.     (See  Poor  Law.) 

Real  estate  liable  for  support..   38 

Pawnbrokers. 

Not  to  loan  to  children   7 

Peace.     (See  Surety  of  the  Peace.) 

Peddlers. 

General   statutes 129 

In   boroughs  and  townships    .  . .  128 

In  cities  of  first  class   127 

In    Philadelphia    127 

In  second  and  third  class  cities.. 128 

Pennsylvania    State    Lunatic    Hos- 
pital      49 

Pensions,   Mothers'    11 

Perjury    88 


Philadelphia. 

Abatement  of  nuisance  58 

Basement    rooms    63 

Department  of  Public  Health   . .   57 

Division    of    housing    61 

Non-support  laws   33 

Peddlers    127 

Plumbers     58 

Sale  of  meat  57 

Sale  of  milk    57 

Tenement   and   housing   laws    . .    58 

Philadelphia  Protectory  for  Boys..  22 

Pittsburgh. 

Abatement  of  nuisances    67 

Basement  rooms   66 

Department  of  Health    64 

Health   ordinances    67 

Non-support   law    34 

Plumbing   law    65 

Tenement  and  housing  laws  ....  66 

Plumbers. 

In  cities  of  first  class   58 

In    cities    of    second    and    third 
classes    65 

Police,  Special   126 

Polk,  Hospital  for  Feeble-minded,  51 

Pool  Rooms    7 

Poor  Law. 

Burial  of  Paupers   42 

Detention  of  Children    18 

Illegitimate   children    34 

In  general    35 

Insane    , 47 

Insane     or     deformed     children 
may  be  detained  in  almshouses  47 

Medical  care   38 

Mental  defectives    47 

Non-support    provisions    33 

Poor    districts    37 

Relief     37 

Settlement     38 

State  Board  of  Public  Charities..  35 

Tuberculosis  sanatoria    55 

Vagrants     39 

Vistors  to  institutions    36 

Possession,  Recovery  of   98 

Prison  Labor.     (See  Convict  Labor.) 

Private   Charities. 

May    receive    money    from    poor 
districts     38 


144 


INDEX. 


PAGE 

Probation. 

Adult     92 

Under  Juvenile  Court  Act 13 

Profanity.     (See  Blasphemy.) 

Professional  Thieves  88 

Prostitution. 

Employment  of  children  in    ... .  1 

Keeping   house   of    77 

Pandering     88 

Protection  of  children    3 

Protection  of  Children. 

Act  of  1879  J 

Adoption     3 

Against   opium   smoking    4 

Against  traffic  in  infants   5 

Boarding  houses  for  infants    ...  5 
Commitment     to     guardians     of 

poor 3 

From  blindness    8 

From    explosives    7 

From   injurious   samples    7 

From   pawnbrokers    7 

From  pool  rooms   7 

From    prostitution    3 

From  tobacco  and  cigarettes  ...  6 

In   general I 

Liquor   not   to   be    sold   to    chil- 
dren      5 

Public   performing    3 

Special  police   2 

Public  Assemblies,   Disturbing 81 

Public    Charities.      (See    State    Board 
of  Public  Charities.) 

Public  Health. 

Blindness,    prevention    of    73 

Bone   boiling    73 

Common  nuisances    73 

Dead    animals     73 

Housing    in    Philadelphia    61 

In  boroughs  and  first  class  town- 
ships       70 

In  cities  of  first  class   57 

In  cities  of  second  class   64 

In   cities   of  third  class    70 

In   first  class   townships    70 

In  second  class  townships   71 

Introduction 53 

Lodging   houses   in   cities    72 

Medical  inspection  of  schools   ..  72 

Midwifery     73 

Miscellaneous   laws 71 

Night    soil    ... 73 

Pittsburgh    ordinances    67 


PAGE 

Regulations  in  Philadelphia   ....   59 

Spitting  in   public  places    72 

State  Department  of  Health   ...   53 
Tenement    house    law    in    Pitts- 
burgh       66 

Tenement  house  rules  in   Phila- 
delphia       58 

Vaccination  of  school  children..  71 

Public  Schools. 

Attendance  laws    8 

Employment  certificates    103 

Medical    inspection    72 

Truants     10 

Vaccination  of  children   71 

Quarantine    56 

Quarantined  Persons,  Relief   38 

Rape. 

Act  against,  does  not  repeal  act 

against   enticing  children    ....     4 
Crime   of    88 

Receiving  Stolen  Goods  89 

Relief  of  Poor.     (See  Poor  Law.) 

Rent.     (See  Landlord  and  Tenant.) 

Requisition.     (See   Extradition.) 

Rescue.     (See  Distress  for  Rent.) 

Revolvers    7 

Risk  of  Trade   94 

Robbery    89 

Rules    of    Inheritance.       (See    Intes- 
tacy.) 

Sale  of  Cocaine   89 

Saloons.     (See   Liquors.) 

Employment  of  children  in 2 

School      Attendance.        (See      Public 
Schools.) 

School  Code.     (See   Public  Schools.) 

Schools.     (See   Public   Schools.) 

Contagious  diseases  in   56 

Medical  inspection    72 

Vaccination  of  children    71 

Scolds,  Common   79 


INDEX. 


145 


PAGE 

Search  Warrants. 
For     children     improperly     em- 
ployed         2 

For   goods    91 

Second  Convictions    89 

Seduction    89 

Separate  Earning  of  Married  Wo- 
men     Il4 

Settlement    38 

Sewage  Disposal   55 

Sexual  Intercourse. 

Enticing  children  for    4 

Sixty-five    Cents   a   Day   Law.      (See 
Desertion  and  Non-support.) 

Sodomy    89 

Special  Police. 
Appointment  by  Common  Pleas 

Court    2 

Appointment   by    Mayor    2 

For    charitable    societies    126 

May  act  under  Child  Protection 
Law     2 

Spendthrift  Trusts. 

May    be    attached    in    desertion 
cases     27 

Spitting  in  Public  Places   72 

Spring  City,  Institution  for  the 
Feeble-minded  and  Epil- 
eptic       51 

State  Board  of  Public  Charities. 

Inspection  of  places  where  chil- 
dren are  boarded 5 

Organization    of    35 

Powers  of    35 

State  Department  of  Health. 

Barbers'   brushes    57 

Birth   and   death   statistics    54 

Boarding  houses   54 

Bureau  of  Housing    54 

Common  drinking  cup  and  com- 
mon   towel    57 

Contagious    diseases    55 

Duties  of    54 

Eating   utensils    57 


PAGE 

Lodging    houses    54 

Manufacture  of  mattresses    ....   56 

Milk,  sale  of    56 

Organization    of    53 

Powers   in   boroughs   and   town- 
ships        71 

Schools,  rules  relating  to   56 

Sewage   disposal    55 

Tenements     . 54 

Tuberculosis  ■  sanatoria     55 

Water   supply    55 

State     Hospitals     for     Insane.       (See 
Hospitals  for  Insane.) 

Statistics  and  Information,  Bureau 

of    107 

Statistics  of  Births  and  Deaths  ...   54 

Stay  of  Execution. 

Judgment     before     aldermen     or 

justices     99 

Judgments  in  court   100 

Stealing.     tSee  Larceny.) 

Street  Begging.     (See   Vagrants.) 

Surety  of  the  Peace   89 

Swearing.     (See   Blasphemy.) 

Taxes. 

Liability   of   Tenants   for    98 

No  exemption  in  suit  for  98 

Tenements. 

In  cities  of  first  class   58 

In  cities   of  second  class    66 

Power   of    State   Department   of 
Health   over    54 

Testamentary  Guardians. 

Appointment 20 

Parents  may  appoint    115 

Thaddeus  Stevens  Industrial 

School    23 

Thieves,   Professional    88 

Threats     90 

Three    Hundred    Dollars    Exemp- 
tion       98 

Tobacco  and  Cigarettes  6 


146 


INDEX. 


PAGE 

Townships. 

First  class,  public  health    70 

Peddlers     128 

Second  class,  public  health 71 

Toy  Deadly  Weapons    7 

Traffic  in  Infants  5 

Tramps. 

Act  against   41 

Not  to  include  minors  or  crip- 
ples       42 

Truants    10 

Tuberculosis. 

Poor  districts  may  build  hos- 
pitals for   38 

State  Department  of  Health  may 
establish    sanatoria    55 

Usury    125 

Vaccination. 
Of  school  children,  required   ...   71 

Vagrants. 

Appeal   record    40 

Definition    of    39 

In   general    39 

To  be  sent  to  workhouse   39 

Tramp  act   41 

Village  for  Feeble-minded  Women,  52 

Visitors  to  Institutions   36 

Wages. 

Attachment  of,  for  board   95 

Attachment  of,  in  bastardy  pro- 
ceedings       29 

Attachment      of,      in      desertion 

cases     27 

Claims    for    95 

No  exemption  in  claims  for  ....   99 


PAGE 

Owing  decedents    96 

Priority  of  claims  for   95 

Warren  Hospital  for  Insane   50 

Water  Supply   .  55 

Weak-minded    Persons.      (See    Men- 
tal Defectives.) 

Wernersville   Asylum  for   Chronic 

Insane     50 

White  Slave  Law.     (See  Pandering.) 

Widows'  Exemption. 

Intestacy     116 

Right  of  married  women    114 


Wills 


115 


Witnesses,    Hindering    90 

Wives. 

Alimony     28 

Desertion    of    24 

Extradition  for  desertion  of   ...  27 

General   Support  Act    25 

Non-support  of    24 

Rights  of  married  women    113 

Settlement    of    39 

Women.     (See  Married  Women.) 
Enticing  into  commonwealth  for 

immoral    purpose    4 

Women's  Labor    104 

Workhouses.     (See  Convict  Labor.) 

Vagrants  committed  to    39 

Wife    deserters    placed,    at    hard 

labor     26 

Workmen's  Compensation. 

Federal  act    94 

In    general     94 


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